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
A. 1828 2
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.