senate Bill S1358A

2013-2014 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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Sponsored By

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

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 19, 2014 referred to codes
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
amended 1358a
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.460
Jan 08, 2014 referred to codes
returned to senate
died in assembly
May 06, 2013 referred to codes
delivered to assembly
passed senate
Mar 21, 2013 advanced to third reading
Mar 20, 2013 2nd report cal.
Mar 19, 2013 1st report cal.253
Jan 09, 2013 referred to codes

Votes

view votes

Apr 29, 2014 - Codes committee Vote

S1358
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Mar 19, 2013 - Codes committee Vote

S1358
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1358 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§130.00 & 130.05, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6714
2009-2010: S299, S4894

S1358 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S1358

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
________________________________________________________________________

                                  1358

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. LITTLE, LANZA -- 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.
                                                           LBD01202-01-3

Co-Sponsors

S1358A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§130.00 & 130.05, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6714
2009-2010: S299, S4894

S1358A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S1358A

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:

2012: Passed Senate
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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1358--A
    Cal. No. 460

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. LITTLE, LANZA -- 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  --
  reported  favorably  from  said committee, ordered to first and second
  report, amended on second report, ordered to a third reading,  and  to
  be  reprinted  as  amended,  retaining its place in the order of third
  reading

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 (i) of subdivision 3 of section  130.05  of  the  penal
law, as added by section 2 of part G of chapter 501 of the laws of 2012,
is amended and a new paragraph (j) is added to read as follows:
  (i)  a  resident  or  inpatient  of  a  residential facility operated,
licensed or certified by (i) the  office  of  mental  health;  (ii)  the
office  for  people with developmental disabilities; or (iii) the office
of alcoholism and substance abuse services, and the actor is an employee
of the facility not married to such resident or inpatient. For  purposes
of  this  paragraph,  "employee" means either: an employee of the agency
operating the residential facility, who knows or reasonably should  know
that  such  person  is  a resident or inpatient of such facility and who
provides direct care services,  case  management  services,  medical  or
other  clinical services, habilitative services or direct supervision of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01202-04-4

S. 1358--A                          2

the residents in the facility in which the resident resides; or an offi-
cer or other employee, consultant, contractor or volunteer of the  resi-
dential facility, who knows or reasonably should know that the person is
a  resident of such facility and who is in direct contact with residents
or inpatients; provided, however, that the provisions of this  paragraph
shall  only  apply  to  a  consultant, contractor or volunteer providing
services pursuant to a contractual arrangement with the agency operating
the residential facility or, in the  case  of  a  volunteer,  a  written
agreement  with such facility, provided that the person received written
notice concerning the provisions of this  paragraph;  provided  further,
however,  "employee"  shall  not  include  a person with a developmental
disability who is or was receiving services and is also an employee of a
service provider and who has sexual contact with another service recipi-
ent who is a consenting adult who has consented to such contact[.]; OR
  (J) 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.

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