assembly Bill A1828

2015-2016 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 - In Assembly Committee


  • 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
Jan 06, 2016 referred to codes
Jan 13, 2015 referred to codes

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A1828 (ACTIVE) - Details

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: A736
2011-2012: A470
2013-2014: A1504
2017-2018: A1849
2019-2020: A2043
2021-2022: A45

A1828 (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.

A1828 (ACTIVE) - Bill Text download pdf

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

                                  1828

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced by M. of A. GUNTHER, GALEF, BENEDETTO, JAFFEE, HOOPER, CLARK,
  DUPREY,  McKEVITT, MONTESANO, GRAF, STEC, TENNEY -- Multi-Sponsored by
  -- M. of A. BARCLAY, CRESPO, CROUCH, DAVILA,  GIGLIO,  GOODELL,  OAKS,
  PERRY,  RIVERA,  THIELE  -- read once and referred 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 (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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03398-01-5