senate Bill S6714

2011-2012 Legislative Session

Provides that an elementary or secondary student shall not have capacity to consent to sexual conduct with a school employee

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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
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

Votes

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Co-Sponsors

S6714 - Bill 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 2009-2010 Legislative Session:
S299, S4894, A736

S6714 - Bill Texts

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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.

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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
carries a sentence of 1 1/3 to 4 years imprisonment.

JUSTIFICATION:
This legislation seeks to assign a criminal penalty to those 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 involved
district 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 other states have recognized the seriousness of the issue and
criminalize this conduct under their current statutes.

LEGISLATIVE HISTORY:
2009/10: Referred to Codes
2007/08: Passed Senate
2006: 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.

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                    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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