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Assembly Bill A3878

2009-2010 Legislative Session

Provides that all employees of department of correctional services has duty to report any sexual conduct between an employee and an inmate

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Archive: Last Bill Status - In Assembly Committee

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2009-A3878 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Add ยง22-b, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1794
2013-2014: A4870
2015-2016: A667
2017-2018: A4030
2019-2020: A4213
2021-2022: A9226

2009-A3878 (ACTIVE) - Summary

Provides that all employees of the department of correctional services have a duty to report any sexual conduct between an employee and an inmate; provides that employees that fail to report shall be subject to disciplinary action.

2009-A3878 (ACTIVE) - Bill Text download pdf 

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

                                  3878

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law, in relation to the  duty  to  report
  sexual conduct by an employee with an inmate

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

  Section 1. The correction law is amended by adding a new section  22-b
to read as follows:
  S 22-B. DUTY TO REPORT. ALL EMPLOYEES OF THE DEPARTMENT OF CORRECTION-
AL  SERVICES, REGARDLESS OF TITLE, ARE UNDER A DUTY TO REPORT ANY SEXUAL
CONDUCT BETWEEN ANOTHER DEPARTMENT EMPLOYEE AND AN INMATE. SUCH DUTY  TO
REPORT  SHALL  INCLUDE  ANY  KNOWLEDGE  OR  A REASONABLE BELIEF THAT THE
EMPLOYEE HAS OF ANY SEXUAL CONDUCT TAKING PLACE OR THAT HAS TAKEN  PLACE
BETWEEN  ANY  DEPARTMENT  EMPLOYEE  AND  ANY  INMATE NOT MARRIED TO SUCH
EMPLOYEE, IN THE CUSTODY OF  THE  DEPARTMENT.  ANY  DEPARTMENT  EMPLOYEE
HAVING  EITHER  KNOWLEDGE  OR  A REASONABLE BELIEF OF ANY SEXUAL CONDUCT
TAKING PLACE OR HAVING TAKEN PLACE BETWEEN ANY DEPARTMENT  EMPLOYEE  AND
AN INMATE HAS A DUTY TO REPORT SUCH INFORMATION TO THE SUPERINTENDENT OF
THE  CORRECTIONAL  FACILITY WHERE SUCH SEXUAL CONDUCT IS TAKING PLACE OR
HAS TAKEN PLACE. ANY EMPLOYEE WHO HAS EITHER KNOWLEDGE OR  A  REASONABLE
BELIEF  TO SUSPECT THAT SUCH SEXUAL CONDUCT IS TAKING PLACE OR HAS TAKEN
PLACE BETWEEN A DEPARTMENT EMPLOYEE AND AN INMATE AND WHO  REPORTS  SUCH
SEXUAL  CONDUCT TO THE SUPERINTENDENT OF THE CORRECTIONAL FACILITY SHALL
HAVE IMMUNITY FROM ANY CIVIL LIABILITY THAT OTHERWISE MIGHT BE  INCURRED
OR IMPOSED AS A RESULT OF THE MAKING OF SUCH REPORT.
  ANY EMPLOYEE WHO EITHER HAS EITHER KNOWLEDGE OR A REASONABLE BELIEF OF
SEXUAL CONDUCT BETWEEN A DEPARTMENT EMPLOYEE AND AN INMATE AND WHO FAILS
TO REPORT SUCH INFORMATION SHALL BE SUBJECT TO DISCIPLINARY ACTION.
  FOR PURPOSES OF THIS SECTION, SEXUAL CONDUCT SHALL HAVE THE SAME MEAN-
ING  AS SUCH TERM IS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THE
PENAL LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04426-01-9

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