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

                                   980

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law,  in  relation  to  deeming  students  who
  engage  in  sexual conduct with an employee or volunteer of the school
  such student attends as being incapable of consent

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

  Section  1.  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00564-02-5
              

A. 980                              2

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  ENROLLED IN AN ELEMENTARY OR SECONDARY SCHOOL IN THIS
STATE, REGARDLESS OF AGE, WHO IS ENGAGED IN SEXUAL CONDUCT AS DEFINED IN
SUBDIVISION TEN OF SECTION 130.00 WITH AN EMPLOYEE OR VOLUNTEER  OF  THE
SCHOOL  ATTENDED  BY  SUCH  STUDENT.  FOR  PURPOSES  OF  THIS PARAGRAPH,
"EMPLOYEE" MEANS ANY PERSON RECEIVING COMPENSATION TO  PROVIDE  SERVICES
TO  SUCH  SCHOOL, WHEREBY SUCH SERVICES PERFORMED BY SUCH PERSON INVOLVE
DIRECT STUDENT CONTACT. "VOLUNTEER" MEANS  ANY  PERSON,  OTHER  THAN  AN
EMPLOYEE,  WHO  PROVIDES  SERVICES TO SUCH SCHOOL, WHICH INVOLVES DIRECT
STUDENT CONTACT.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.