Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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May 14, 2012 | referred to codes delivered to assembly passed senate |
Mar 22, 2012 | advanced to third reading |
Mar 21, 2012 | 2nd report cal. |
Mar 20, 2012 | 1st report cal.429 |
Mar 12, 2012 | referred to codes |
senate Bill S6714
Sponsored By
Betty Little
(R, C, IP) 0 Senate District
Archive: Last Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Votes
Co-Sponsors
Stephen M. Saland
(R) 0 Senate District
Andrew J. Lanza
(R, C, IP, RFM) 24th Senate District
S6714 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A470
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd ยงยง130.00 & 130.05, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010: S299, A736
2013-2014: S1358, A1504
2015-2016: S819, A1828
2017-2018: S2582, A1849
2019-2020: S2025, A2043
2021-2022: S5350, A45
2023-2024: S494, A1482
S6714 (ACTIVE) - Summary
Provides that a full time elementary or secondary student shall not have capacity to consent to sexual conduct with a school employee at his or her school, including volunteers, when the employee is 18 or older and knows or should reasonably have known that the student was a student at the school, and such employee is not a full time student at such school, nor married to such student.
S6714 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6714 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 1- Amends section 130.00 of the penal law by defining "school employee." Section 2- Amends paragraph (h) of subdivision 3 of section 130.05 of the penal law and adds a new paragraph to include school employees, being eighteen years of older, at the same school of such student attends to be charged if sexual conduct occurs. Section 3- 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
S6714 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6714 I N S E N A T E March 12, 2012 ___________ Introduced by Sens. LITTLE, SALAND -- 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 providing that an elemen- tary or secondary school student shall be incapable of consenting to sexual conduct with a school employee THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 130.00 of the penal law is amended by adding a new subdivision 14 to read as follows: 14. "SCHOOL EMPLOYEE" SHALL MEAN ANY PERSON DEFINED AS AN "EMPLOYEE" OR "VOLUNTEER" PURSUANT TO SECTION ELEVEN HUNDRED TWENTY-FIVE OF THE EDUCATION LAW. S 2. Paragraph (h) of subdivision 3 of section 130.05 of the penal law, as amended by chapter 264 of the laws of 2003, is amended and a new paragraph (i) is added to read as follows: (h) a client or patient and the actor is a health care provider or mental health care provider charged with rape in the third degree as defined in section 130.25, criminal sexual act in the third degree as defined in section 130.40, aggravated sexual abuse in the fourth degree as defined in section 130.65-a, or sexual abuse in the third degree as defined in section 130.55, and the act of sexual conduct occurs during a treatment session, consultation, interview, or examination[.]; OR (I) A STUDENT AT AN ELEMENTARY OR SECONDARY SCHOOL, AND THE ACTOR: (I) IS A SCHOOL EMPLOYEE AT THE SAME SCHOOL SUCH STUDENT ATTENDS, AND (II) IS EIGHTEEN YEARS OF AGE OR OLDER AND MORE THAN FOUR YEARS OLDER THAN SUCH STUDENT AT THE TIME OF THE ACT, AND (III) IS NOT MARRIED TO SUCH STUDENT, AND (IV) KNOWS OR REASONABLY SHOULD KNOW THAT SUCH PERSON IS A STUDENT AT SUCH SCHOOL, AND (V) HE OR SHE IS NOT A STUDENT AT THE SAME SCHOOL. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02002-01-1
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