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Assembly Bill A667

2015-2016 Legislative Session

Provides that all employees of department of correctional services has duty to report any sexual conduct between an employee and an inmate

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Archive: Last Bill Status - In Assembly Committee

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2015-A667 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Add ยง22-b, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3878
2011-2012: A1794
2013-2014: A4870
2017-2018: A4030
2019-2020: A4213
2021-2022: A9226

2015-A667 (ACTIVE) - Summary

Provides that all employees of the department of correctional services have a duty to report any sexual conduct between an employee and an inmate; provides that employees that fail to report shall be subject to disciplinary action.

2015-A667 (ACTIVE) - Bill Text download pdf 

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

                                   667

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. O'DONNELL, AUBRY -- read once and referred to the
  Committee on Correction

AN  ACT  to  amend the correction law, in relation to the duty to report
  sexual conduct by an employee with an inmate

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

  Section  1. The correction law is amended by adding a new section 22-b
to read as follows:
  S 22-B. DUTY TO REPORT. ALL EMPLOYEES OF THE DEPARTMENT, REGARDLESS OF
TITLE, ARE UNDER A DUTY TO REPORT ANY  SEXUAL  CONDUCT  BETWEEN  ANOTHER
DEPARTMENT EMPLOYEE AND AN INMATE. SUCH DUTY TO REPORT SHALL INCLUDE ANY
KNOWLEDGE  OR  A  REASONABLE  BELIEF THAT THE EMPLOYEE HAS OF ANY SEXUAL
CONDUCT TAKING PLACE OR THAT HAS  TAKEN  PLACE  BETWEEN  ANY  DEPARTMENT
EMPLOYEE  AND ANY INMATE NOT MARRIED TO SUCH EMPLOYEE, IN THE CUSTODY OF
THE DEPARTMENT. ANY DEPARTMENT EMPLOYEE HAVING  EITHER  KNOWLEDGE  OR  A
REASONABLE  BELIEF  OF  ANY  SEXUAL CONDUCT TAKING PLACE OR HAVING TAKEN
PLACE BETWEEN ANY DEPARTMENT EMPLOYEE AND AN INMATE HAS A DUTY TO REPORT
SUCH INFORMATION TO THE  SUPERINTENDENT  OF  THE  CORRECTIONAL  FACILITY
WHERE  SUCH  SEXUAL  CONDUCT  IS  TAKING  PLACE  OR HAS TAKEN PLACE. ANY
EMPLOYEE WHO HAS EITHER KNOWLEDGE OR A REASONABLE BELIEF TO SUSPECT THAT
SUCH SEXUAL CONDUCT IS TAKING PLACE OR HAS TAKEN PLACE BETWEEN A DEPART-
MENT EMPLOYEE AND AN INMATE AND WHO REPORTS SUCH SEXUAL CONDUCT  TO  THE
SUPERINTENDENT OF THE CORRECTIONAL FACILITY SHALL HAVE IMMUNITY FROM ANY
CIVIL  LIABILITY THAT OTHERWISE MIGHT BE INCURRED OR IMPOSED AS A RESULT
OF THE MAKING OF SUCH REPORT.
  ANY EMPLOYEE WHO EITHER HAS EITHER KNOWLEDGE OR A REASONABLE BELIEF OF
SEXUAL CONDUCT BETWEEN A DEPARTMENT EMPLOYEE AND AN INMATE AND WHO FAILS
TO REPORT SUCH INFORMATION SHALL BE SUBJECT TO DISCIPLINARY ACTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04703-01-5

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