senate Bill S819A

2015-2016 Legislative Session

Provides that an elementary or secondary student shall not have capacity to consent to sexual conduct with a school employee

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 11, 2016 referred to codes
delivered to assembly
passed senate
Mar 28, 2016 advanced to third reading
Mar 23, 2016 2nd report cal.
Mar 22, 2016 1st report cal.424
Jan 06, 2016 referred to codes
returned to senate
died in assembly
May 20, 2015 referred to codes
delivered to assembly
passed senate
May 04, 2015 advanced to third reading
Apr 29, 2015 2nd report cal.
Apr 28, 2015 1st report cal.462
Apr 22, 2015 print number 819a
Apr 22, 2015 amend and recommit to codes
Jan 07, 2015 referred to codes

Votes

view votes

Mar 22, 2016 - Codes committee Vote

S819A
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Apr 28, 2015 - Codes committee Vote

S819A
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S819 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.00 & 130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S299
2011-2012: S6714
2013-2014: S1358
2017-2018: S2582
2019-2020: S2025

S819 - 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 or a co-located school, including volunteers, when the employee is 18 or older and more than 4 years older than such student at the time of the act and knows or should reasonably have known that the student was a student at the school or a co-located school, and such employee is not a full time student at such school, nor married to such student.

S819 - Sponsor Memo

S819 - Bill Text download pdf

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

                                   819

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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  (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

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

Co-Sponsors

S819A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.00 & 130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S299
2011-2012: S6714
2013-2014: S1358
2017-2018: S2582
2019-2020: S2025

S819A (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 or a co-located school, including volunteers, when the employee is 18 or older and more than 4 years older than such student at the time of the act and knows or should reasonably have known that the student was a student at the school or a co-located school, and such employee is not a full time student at such school, nor married to such student.

S819A (ACTIVE) - Sponsor Memo

S819A (ACTIVE) - Bill Text download pdf

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

                                 819--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens.  LITTLE,  LANZA,  SEWARD -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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.

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