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Assembly Bill A1794

2009-2010 Legislative Session

Requires the suspending of pay of tenured teachers upon the conviction of a felony for possessing certain sexual performance materials

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Archive: Last Bill Status - In Assembly Committee

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2009-A1794 (ACTIVE) - Details

See Senate Version of this Bill:
S639
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd ยง3020-a, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A778
2013-2014: A3284

2009-A1794 (ACTIVE) - Summary

Provides for the suspending of pay of tenured teachers upon conviction of a felony for possessing or promoting an obscene sexual performance by a child or using, possessing or promoting a sexual performance by a child as defined in article two hundred sixty-three of the penal law.

2009-A1794 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1794

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced by M. of A. RABBITT, KOLB, ERRIGO, GIGLIO, HAWLEY, McDONOUGH,
  BALL -- Multi-Sponsored by -- M. of A. FINCH -- read once and referred
  to the Committee on Education

AN  ACT to amend the education law, in relation to suspending the pay of
  any tenured person upon the conviction of a felony for  possession  of
  sexual performance by a child

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 2 of  section  3020-a  of  the
education law, as separately amended by chapters 296 and 325 of the laws
of 2008, is amended to read as follows:
  (b) The employee may be suspended pending a hearing on the charges and
the  final  determination  thereof.  The  suspension  shall be with pay,
except the employee may be suspended without pay  if  the  employee  has
entered  a  guilty  plea  to  or  has  been  convicted of a felony crime
concerning the criminal sale or possession of a controlled substance,  a
precursor of a controlled substance, or drug paraphernalia as defined in
article  two  hundred twenty or two hundred twenty-one of the penal law;
[or] a felony crime involving the physical abuse of a minor or  student;
OR A FELONY CRIME INVOLVING POSSESSION OR PROMOTION OF AN OBSCENE SEXUAL
PERFORMANCE  BY  A  CHILD  OR  USE,  POSSESSION OR PROMOTION OF A SEXUAL
PERFORMANCE BY A CHILD AS DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE  OF
THE  PENAL LAW.   The employee shall be terminated without a hearing, as
provided for in this section, upon  conviction  of  a  sex  offense,  as
defined  in  subparagraph  two  of paragraph b of subdivision seven-a of
section three hundred five of this chapter. To the extent  this  section
applies  to  an employee acting as a school administrator or supervisor,
as defined in subparagraph three of paragraph b of  subdivision  seven-b
of  section  three  hundred five of this chapter, such employee shall be
terminated without a hearing, as provided  for  in  this  section,  upon
conviction  of a felony offense defined in subparagraph two of paragraph
b of subdivision seven-b of section three hundred five of this chapter.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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