| 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 |
senate Bill S1358A
2013-2014 Legislative Session
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
Bill Amendments
Co-Sponsors
Andrew J. Lanza
(R, C, IP, RFM) 24th Senate District
S1358 - Details
S1358 - 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.
S1358 - 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:
S1358 - Bill Text download pdf
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.
Co-Sponsors
Andrew J. Lanza
(R, C, IP, RFM) 24th Senate District
S1358A (ACTIVE) - Details
S1358A (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.
S1358A (ACTIVE) - 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
S1358A (ACTIVE) - Bill 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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.