senate Bill S1541A

2011-2012 Legislative Session

Makes provisions with respect to sexual assault against a child by a person in a position of trust

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 05, 2012 referred to codes
delivered to assembly
passed senate
Feb 29, 2012 advanced to third reading
Feb 15, 2012 2nd report cal.
Feb 14, 2012 1st report cal.201
Feb 08, 2012 print number 1541a
amend and recommit to codes
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Mar 30, 2011 referred to codes
delivered to assembly
passed senate
Mar 03, 2011 advanced to third reading
Mar 02, 2011 2nd report cal.
Mar 01, 2011 1st report cal.112
Jan 10, 2011 referred to codes

Votes

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Feb 14, 2012 - Codes committee Vote

S1541A
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Feb 14, 2012

aye wr (1)
excused (1)

Mar 1, 2011 - Codes committee Vote

S1541
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1541 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 130.00, add §§130.97, 130.98 & 130.99, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1481

S1541 - Bill Texts

view summary

Establishes offenses of sexual assault against a child by a person in a position of trust for the subjection of a child to sexual contact by a person in a position of trust; defines "person in position of trust" as a person charged with the duty or responsibility for health, education, welfare or supervision of a child; provides such offenses in the first and second degrees shall be violent felony offenses.

view sponsor memo
BILL NUMBER:S1541

TITLE OF BILL: An act to amend the election law, the municipal home
rule law and the administrative code of the city of New York, in
relation to the determination of a winner of a primary election; and to
repeal certain provisions of the election law and the administrative
code of the city of New York relating thereto

PURPOSE: The bill eliminates the requirement for run-off voting in
certain primary elections.

SUMMARY OF PROVISIONS:

Section 1: Amends election law section 6-160 by adding a new subdivision
3, which provides that the individual who receives the most votes shall
be deemed the winner of the primary election.

Section 2: Repeals election law section 6-162, which provides for a
run-off election if no candidate for mayor, comptroller or public advo-
cate wins forty percent of the vote in the primary.

Sections 3-18: Amend provisions of the election law and the administra-
tive code of the City of New York to eliminate provisions for run-off
voting in primary elections.

Section 19: Provides for the Act to take effect immediately.

EXISTING LAW: Pursuant to election law section 6-162, a run-off
election between the top two vote getters is required in New York City
whenever no candidate for mayor, comptroller or public advocate receives
over forty percent of the primary vote. There are some similar
provisions for run-off elections in local elections.

JUSTIFICATION: Run-off voting has come to be regarded as a waste of
time and money, especially since the turnouts for such run-off elections
tend to be extremely low, as a result of which a small minority of
voters may end up selecting the candidate (and ultimate winner) at a
very high cost. In some areas, like New York City, which is heavily
Democratic, the winner of that party's primary will also be the winner
in the general election.

In the 2009 primary run-off elections for New York City comptroller and
public advocate, less than eight percent of the City's approximately
three million registered Democrats voted at a cost to the City of $15
million, and millions more were Spent by the four candidates. Whether in
a fiscal crisis of not, such an expenditure for a process that attracts
little Participatory public support and does not even bolster the legit-
imacy of the winner, seems to be money poorly spent that cannot continue
to be justified.

LEGISLATIVE HISTORY: 2009-10: Referred to Elections; Passed Senate

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: Cost savings.

EFFECTIVE DATE: This bill is effective immediately.

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

                                  1541

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to sexual assault  against  a
  child by a person in a position of trust

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

  Section 1. Paragraphs (b) and (d) of subdivision 1 of section 70.02 of
the penal law, paragraph (b) as amended by chapter 405 of  the  laws  of
2010  and paragraph (d) as amended by chapter 7 of the laws of 2007, are
amended to read as follows:
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, SEXUAL ASSAULT AGAINST A CHILD BY A  PERSON  IN  A  POSITION  OF
TRUST  IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 130.97, assault on a
peace officer, police officer, fireman  or  emergency  medical  services
professional  as  defined  in section 120.08, gang assault in the second
degree as defined in section 120.06, strangulation in the  first  degree
as  defined  in section 121.13, burglary in the second degree as defined
in section 140.25, robbery in the second degree as  defined  in  section
160.10,  criminal possession of a weapon in the second degree as defined
in section 265.03, criminal use of a firearm in  the  second  degree  as
defined  in  section  265.08,  criminal  sale of a firearm in the second
degree as defined in section 265.12, criminal sale of a firearm with the
aid of a minor as defined in section  265.14,  soliciting  or  providing
support  for  an  act  of  terrorism  in  the first degree as defined in
section 490.15, hindering prosecution of terrorism in the second  degree
as  defined  in  section  490.30,  and criminal possession of a chemical

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06192-01-1

S. 1541                             2

weapon or biological weapon in the third degree as  defined  in  section
490.37.
  (d)  Class  E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a  weapon  in  the  third  degree  as
defined  in subdivision five, six, seven or eight of section 265.02 as a
lesser included offense of that section as defined in section 220.20  of
the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
section 130.53, aggravated sexual abuse in the fourth degree as  defined
in  section 130.65-a, falsely reporting an incident in the second degree
as defined in section 240.55 [and], placing a false  bomb  or  hazardous
substance  in the second degree as defined in section 240.61, AND SEXUAL
ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF TRUST IN THE SECOND
DEGREE AS DEFINED IN SECTION 130.98.
  S 2. Section 130.00 of the penal law is amended by adding a new subdi-
vision 14 to read as follows:
  14. "PERSON IN A POSITION OF TRUST" MEANS ANY PERSON  WHO  IS  CHARGED
WITH  ANY  DUTY  OR RESPONSIBILITY FOR THE HEALTH, EDUCATION, WELFARE OR
SUPERVISION OF A CHILD, EITHER INDEPENDENTLY OR THROUGH ANOTHER  PERSON,
NO MATTER HOW BRIEF.
  S  3.  The  penal  law is amended by adding three new sections 130.97,
130.98 and 130.99 to read as follows:
S 130.97 SEXUAL ASSAULT AGAINST A CHILD BY A PERSON  IN  A  POSITION  OF
           TRUST IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A
POSITION OF TRUST IN THE FIRST DEGREE WHEN HE OR SHE  SUBJECTS  A  CHILD
LESS  THAN  ELEVEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
  SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
THE FIRST DEGREE IS A CLASS C FELONY.
S 130.98 SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
           TRUST IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN  A
POSITION  OF  TRUST IN THE SECOND DEGREE WHEN HE OR SHE SUBJECTS A CHILD
LESS THAN FOURTEEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
  SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
THE SECOND DEGREE IS A CLASS E FELONY.
S 130.99 SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
           TRUST IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN  A
POSITION  OF  TRUST  IN THE THIRD DEGREE WHEN HE OR SHE SUBJECTS A CHILD
LESS THAN EIGHTEEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
  SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Co-Sponsors

view additional co-sponsors

S1541A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 130.00, add §§130.97, 130.98 & 130.99, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1481

S1541A (ACTIVE) - Bill Texts

view summary

Establishes offenses of sexual assault against a child by a person in a position of trust for the subjection of a child to sexual contact by a person in a position of trust; defines "person in position of trust" as a person charged with the duty or responsibility for health, education, welfare or supervision of a child; provides such offenses in the first and second degrees shall be violent felony offenses.

view sponsor memo
BILL NUMBER:S1541A

TITLE OF BILL:
An act
to amend the penal law, in relation to sexual assault against a child by
a person in a position of trust

PURPOSE:
To increase criminal penalties for sexual contact between a minor and
a person in a position of trust.

SUMMARY OF PROVISIONS:
Article 130 of the NYS Penal Law is amended to add three new crimes in
relation to sexual assault of a child by a person in a position of
trust. These new crimes are sexual assault against a child by a
person in a position of trust in the first, second and third degrees.
Also newly defined in Section 130 is "person in a position of trust."

EXISTING LAW:
There are prohibitions against sexual contact with a minor but the law
does not presently increase the penalties with regard to a person in
a position of trust.

JUSTIFICATION:
Parents are not with their children every moment of every day. It is
just not possible, nor is it a good idea for the parent or the child.
Therefore it is necessary that children are supervised by other
adults for various periods of time during the child's life. This
could start with a day-care center, a nursery school, school,
athletics or group activities.

These adults are responsible for these children while under their
supervision. These children should not be subjected to any sexual
contact. If there is any, the adults should be held to a stricter
standard and punished to a greater degree because of the special
relationships between the minor and the adult.

If parents entrust their children into the care of another adult, the
parents should be able to have a sense of security that their child
will not be subject to any sexual contact while under that other
adult's supervision.

LEGISLATIVE HISTORY:
2009/10 - S.1481 - Referred to Codes
2007/08 - S.432 - Passed Senate Non-Controversial
59-0/Assembly Codes
2005/06 - S.480A - Passed Senate/Assembly Codes
2003/04 - S.550/A.2904 - Passed Senate/Assembly Codes
2001/02 - S.386A - Passed Senate/Assembly Codes
1999/00 - S.973A - Passed Senate/Assembly Codes
1997/98 - Passed Senate/Assembly Codes

FISCAL IMPLICATIONS:
None.

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

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

                                 1541--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sens.  SKELOS, AVELLA, JOHNSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  recommitted to the Committee on Codes in accordance with  Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the penal law, in relation to sexual assault  against  a
  child by a person in a position of trust

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

  Section 1. Paragraphs (b) and (d) of subdivision 1 of section 70.02 of
the penal law, paragraph (b) as amended by chapter 148 of  the  laws  of
2011  and paragraph (d) as amended by chapter 7 of the laws of 2007, are
amended to read as follows:
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, SEXUAL ASSAULT AGAINST A CHILD BY A  PERSON  IN  A  POSITION  OF
TRUST  IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 130.97, assault on a
peace officer, police officer, fireman  or  emergency  medical  services
professional as defined in section 120.08, assault on a judge as defined
in  section  120.09,  gang  assault  in  the second degree as defined in
section 120.06, strangulation in the first degree as defined in  section
121.13,  burglary  in  the  second  degree as defined in section 140.25,
robbery in the second degree as  defined  in  section  160.10,  criminal
possession  of  a  weapon  in  the  second  degree as defined in section
265.03, criminal use of a firearm in the second  degree  as  defined  in
section  265.08,  criminal  sale  of  a  firearm in the second degree as
defined in section 265.12, criminal sale of a firearm with the aid of  a
minor  as defined in section 265.14, soliciting or providing support for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06192-02-2

S. 1541--A                          2

an act of terrorism in the first degree as defined  in  section  490.15,
hindering  prosecution  of  terrorism in the second degree as defined in
section 490.30, and criminal possession of a chemical weapon or  biolog-
ical weapon in the third degree as defined in section 490.37.
  (d)  Class  E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a  weapon  in  the  third  degree  as
defined  in subdivision five, six, seven or eight of section 265.02 as a
lesser included offense of that section as defined in section 220.20  of
the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
section 130.53, aggravated sexual abuse in the fourth degree as  defined
in  section 130.65-a, falsely reporting an incident in the second degree
as defined in section 240.55 [and], placing a false  bomb  or  hazardous
substance  in the second degree as defined in section 240.61, AND SEXUAL
ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF TRUST IN THE SECOND
DEGREE AS DEFINED IN SECTION 130.98.
  S 2. Section 130.00 of the penal law is amended by adding a new subdi-
vision 14 to read as follows:
  14. "PERSON IN A POSITION OF TRUST" MEANS ANY PERSON  WHO  IS  CHARGED
WITH  ANY  DUTY  OR RESPONSIBILITY FOR THE HEALTH, EDUCATION, WELFARE OR
SUPERVISION OF A CHILD, EITHER INDEPENDENTLY OR THROUGH ANOTHER  PERSON,
NO MATTER HOW BRIEF.
  S  3.  The  penal  law is amended by adding three new sections 130.97,
130.98 and 130.99 to read as follows:
S 130.97 SEXUAL ASSAULT AGAINST A CHILD BY A PERSON  IN  A  POSITION  OF
           TRUST IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A
POSITION OF TRUST IN THE FIRST DEGREE WHEN HE OR SHE  SUBJECTS  A  CHILD
LESS  THAN  ELEVEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
  SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
THE FIRST DEGREE IS A CLASS C FELONY.
S 130.98 SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
           TRUST IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN  A
POSITION  OF  TRUST IN THE SECOND DEGREE WHEN HE OR SHE SUBJECTS A CHILD
LESS THAN FOURTEEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
  SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
THE SECOND DEGREE IS A CLASS E FELONY.
S 130.99 SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
           TRUST IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN  A
POSITION  OF  TRUST  IN THE THIRD DEGREE WHEN HE OR SHE SUBJECTS A CHILD
LESS THAN EIGHTEEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
  SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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