S T A T E O F N E W Y O R K
________________________________________________________________________
1877
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
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Introduced by M. of A. CALHOUN, TEDISCO, CROUCH, ALFANO -- Multi-Spon-
sored by -- M. of A. BARRA, FINCH, KOLB -- read once and referred to
the Committee on Education
AN ACT to amend the education law, in relation to reporting of sexual
offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 3036
to read as follows:
S 3036. REPORTING OF SEXUAL OFFENSES. 1. ANY PERSON HOLDING A POSITION
AS A PRINCIPAL, SUPERINTENDENT, OR ANY OTHER ADMINISTRATIVE POSITION IN
A COMMON, UNION FREE, CENTRAL, OR CITY SCHOOL DISTRICT OR IN A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES IN THE STATE SHALL ORALLY REPORT OR
CAUSE A REPORT TO BE MADE TO THE COUNTY DISTRICT ATTORNEY WITHIN TWEN-
TY-FOUR HOURS AND SHALL BE FOLLOWED BY A REPORT IN WRITING WITHIN
FORTY-EIGHT HOURS AFTER SUCH ORAL REPORT WHEN THEY HAVE REASONABLE CAUSE
TO SUSPECT THAT A STUDENT COMING BEFORE THEM IN THEIR PROFESSIONAL OR
OFFICIAL CAPACITY HAS BEEN A VICTIM OF ANY SEXUAL OFFENSE UNDER ARTICLE
ONE HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE, OR UNDER SECTION 255.25
OF THE PENAL LAW.
2. ANY PERSON HOLDING A POSITION AS A PRINCIPAL, SUPERINTENDENT, OR
ANY OTHER ADMINISTRATIVE POSITION IN A COMMON, UNION FREE, CENTRAL, OR
CITY SCHOOL DISTRICT OR IN A BOARD OF COOPERATIVE EDUCATIONAL SERVICES
IN THE STATE SHALL ORALLY REPORT OR CAUSE A REPORT TO BE MADE TO THE
COUNTY DISTRICT ATTORNEY WITHIN TWENTY-FOUR HOURS AND SHALL BE FOLLOWED
BY A REPORT IN WRITING WITHIN FORTY-EIGHT HOURS AFTER SUCH ORAL REPORT
WHEN THEY HAVE REASONABLE CAUSE TO SUSPECT IN THEIR PROFESSIONAL OR
OFFICIAL CAPACITY THAT ANY EMPLOYEE OF SUCH SCHOOL DISTRICT HAS ENGAGED
IN ANY SEXUAL OFFENSE WITH A STUDENT UNDER ARTICLE ONE HUNDRED THIRTY OR
TWO HUNDRED SIXTY-THREE, OR UNDER SECTION 255.25 OF THE PENAL LAW.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.