assembly Bill A1849

2017-2018 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 03, 2018 referred to codes
Jan 13, 2017 referred to codes

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A1849 (ACTIVE) - Details

See Senate Version of this Bill:
S2582
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: A736, S299
2011-2012: A470, S6714
2013-2014: A1504, S1358
2015-2016: A1828, S819
2019-2020: A2043, S2025
2021-2022: A45, S5350

A1849 (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.

A1849 (ACTIVE) - Bill Text download pdf


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

                                  1849

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2017
                               ___________

Introduced by M. of A. GUNTHER, GALEF, BENEDETTO, JAFFEE, HOOPER, McKEV-
  ITT,  MONTESANO, GRAF, STEC -- 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.
  §  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

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