Senate Bill S299

                                 BILL NUMBER:  S299

 TITLE OF BILL :
An act to amend the penal law, in relation to providing that an
elementary or secondary school student shall be incapable of
consenting to sexual conduct with a school employee


 PURPOSE :
To criminalize school employees for sexual conduct with full time
students of elementary and secondary schools.

 SUMMARY OF PROVISIONS :
Section one amends section 130.00 of the penal law by defining "school
employee."

Section two amends paragraph (h) of subdivision 3 of section 130.05 of
the penal law and adds a new paragraph (i) to include school
employees, being eighteen years of age or older, at the same school
such student attends to be charged with a crime if sexual conduct
occurs.

Section three contains the effective date.

 EXISTING LAW :
Section 130.05 provides for the definition of sex offense with lack of
              

consent as rape in the third degree, which is a class E felony and
carries a sentence of 1 1/3 - 4 years imprisonment.

 JUSTIFICATION :
This legislation has been introduced at the request of the New York
State District Attorneys' Association's Legislative Committee in order
to criminalize sexual conduct between school employees or volunteers
and students. This legislation seeks to assign a criminal penalty to
these persons who engage in sexual conduct with a person that he or
she knows or reasonably should know is a full time student at the
school that they are employed.

Children need to be protected from those in positions of power who may
try and manipulate them into engaging in sexual activities, even if
they are at the age of consent. There have been far too many instances
of inappropriate sexual conduct between teachers and their students.

This legislation also defines the term school employee to mean any
person defined as an employee or volunteer pursuant to section 1125 of
the education law. Any person receiving compensation from a school
district where services performed involve direct student contact and
any person, other than an employee, who provide services to a school
or school district, which involve direct student contact would be
considered a school employee. This legislation addresses any possible
adult that is in a position of trust in a school.

Twenty-two other states have recognized the seriousness of the issue
and criminalize this conduct under their current statutes.

 LEGISLATIVE HISTORY :
2007/08:  S.1116-B Passed Senate; A.7671 Codes
2006:  S.8098 Passed Senate

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.