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Senate Bill S639

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 Senate Committee Education Committee

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2009-S639 (ACTIVE) - Details

See Assembly Version of this Bill:
A1794
Current Committee:
Senate 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-S639 (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 defines in article two hundred sixty-three of the penal law.

2009-S639 (ACTIVE) - Sponsor Memo

2009-S639 (ACTIVE) - Bill Text download pdf 

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

                                   639

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 12, 2009
                               ___________

Introduced  by  Sens.  LARKIN,  LANZA, LEIBELL, ROBACH -- read twice and
  ordered printed, and when printed to be committed 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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