assembly Bill A8382B

Signed By Governor
2017-2018 Legislative Session

Requires immediate notification by law enforcement of the filing of an accusatory instrument alleging a sex offense by an employee

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Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 24, 2018 signed chap.233
Aug 13, 2018 delivered to governor
Jun 19, 2018 returned to assembly
passed senate
3rd reading cal.1455
substituted for s6597b
Jun 18, 2018 referred to rules
delivered to senate
passed assembly
Jun 14, 2018 ordered to third reading rules cal.225
rules report cal.225
reported
Jun 13, 2018 amend and recommit to rules 8382b
Jun 11, 2018 reported referred to rules
Jun 06, 2018 reported referred to codes
Feb 16, 2018 print number 8382a
Feb 16, 2018 amend (t) and recommit to education
Jan 03, 2018 referred to education
Jun 12, 2017 referred to education

Co-Sponsors

A8382 - Details

See Senate Version of this Bill:
S6597
Law Section:
Education Law
Laws Affected:
Add §3021-a, Ed L

A8382 - Summary

Requires immediate notification by law enforcement of the filing of an accusatory instrument alleging a sex offense by an employee; provides that no cause of action against law enforcement or school district shall exist for damages related to the dissemination of criminal history or arrest records.

A8382 - Bill Text download pdf


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

                                  8382

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2017
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation  to  requiring  immediate
  notification  by  law  enforcement  of  an employee's arrest involving
  allegations of a sex offense

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

  Section 1. The education law is amended by adding a new section 3021-a
to read follows:
  §  3021-A.  NOTIFICATION OF ARREST FOR SEX OFFENSE. 1. FOR PURPOSES OF
THIS SECTION:
  (A) THE TERM "EMPLOYEE" MEANS ANY PERSON RECEIVING COMPENSATION FROM A
SCHOOL  DISTRICT,  CHARTER  SCHOOL,  BOARD  OF  COOPERATION  EDUCATIONAL
SERVICES,  PRIVATE  ELEMENTARY  OR  SECONDARY  SCHOOL, SPECIAL EDUCATION
SCHOOLS, OR EMPLOYEE OF A CONTRACTED SERVICE PROVIDER OR  WORKER  PLACED
WITHIN  THE SCHOOL UNDER A PUBLIC ASSISTANCE EMPLOYMENT PROGRAM PURSUANT
TO TITLE NINE-B OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW, AND CONSIST-
ENT WITH THE PROVISIONS OF SUCH TITLE FOR THE PROVISION OF  SERVICES  TO
SUCH  DISTRICT OR SCHOOL, ITS STUDENTS OR EMPLOYEES, DIRECTLY OR THROUGH
CONTRACT, WHEREBY SUCH SERVICES PERFORMED BY SUCH PERSON INVOLVED DIRECT
STUDENT CONTACT.
  (B) THE TERM "SEX OFFENSE" MEANS ANY OFFENSE SET FORTH IN ARTICLES ONE
HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE OF  THE  PENAL  LAW,  AND  ANY
OFFENSE COMMITTED IN ANY JURISDICTION FOR WHICH THE OFFENDER IS REQUIRED
TO REGISTER AS A SEX OFFENDER IN NEW YORK.
  2.  WHERE  AN  ARREST  HAS BEEN MADE BY LAW ENFORCEMENT OF AN EMPLOYEE
INVOLVING ALLEGATIONS OF A SEX OFFENSE IT IS THE RESPONSIBILITY  OF  LAW
ENFORCEMENT  TO  IMMEDIATELY  NOTIFY  THE  SUPERINTENDENT  OF SCHOOLS OR
SCHOOL ADMINISTRATOR OF ANY SCHOOL DISTRICT, CHARTER  SCHOOL,  BOARD  OF
COOPERATIVE   EDUCATIONAL  SERVICES,  PRIVATE  ELEMENTARY  OR  SECONDARY
SCHOOL, OR SPECIAL EDUCATION SCHOOLS, THAT EMPLOYS THE EMPLOYEE, OF  THE

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

Co-Sponsors

A8382A - Details

See Senate Version of this Bill:
S6597
Law Section:
Education Law
Laws Affected:
Add §3021-a, Ed L

A8382A - Summary

Requires immediate notification by law enforcement of the filing of an accusatory instrument alleging a sex offense by an employee; provides that no cause of action against law enforcement or school district shall exist for damages related to the dissemination of criminal history or arrest records.

A8382A - Bill Text download pdf


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

                                 8382--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2017
                               ___________

Introduced  by M. of A. GALEF, McDONALD -- read once and referred to the
  Committee on Education -- recommitted to the Committee on Education in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, in relation  to  requiring  immediate
  notification by law enforcement of the filing of an accusatory instru-
  ment alleging a sex offense by an employee

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

  Section 1. The education law is amended by adding a new section 3021-a
to read follows:
  §  3021-A.  NOTIFICATION  OF  ACCUSATORY  INSTRUMENT  ALLEGING  A  SEX
OFFENSE. 1. FOR PURPOSES OF THIS SECTION:
  (A) THE TERM "EMPLOYEE" MEANS ANY PERSON RECEIVING COMPENSATION FROM A
SCHOOL  DISTRICT,  CHARTER  SCHOOL,  BOARD  OF  COOPERATION  EDUCATIONAL
SERVICES, PRIVATE ELEMENTARY  OR  SECONDARY  SCHOOL,  SPECIAL  EDUCATION
SCHOOLS,  OR  EMPLOYEE OF A CONTRACTED SERVICE PROVIDER OR WORKER PLACED
WITHIN THE SCHOOL UNDER A PUBLIC ASSISTANCE EMPLOYMENT PROGRAM  PURSUANT
TO TITLE NINE-B OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW, AND CONSIST-
ENT  WITH  THE PROVISIONS OF SUCH TITLE FOR THE PROVISION OF SERVICES TO
SUCH DISTRICT OR SCHOOL, ITS STUDENTS OR EMPLOYEES, DIRECTLY OR  THROUGH
CONTRACT, WHEREBY SUCH SERVICES PERFORMED BY SUCH PERSON INVOLVED DIRECT
STUDENT CONTACT.
  (B)  THE TERM "SEX OFFENSE" MEANS AN OFFENSE FOR WHICH REGISTRATION AS
A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF  THE  CORRECTION
LAW.
  2.  WHEN  AN ACCUSATORY INSTRUMENT HAS BEEN FILED ALLEGING THE COMMIS-
SION OF A SEX OFFENSE BY A PERSON KNOWN TO BE AN EMPLOYEE  OF  A  SCHOOL
DISTRICT,  CHARTER  SCHOOL,  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES,
PRIVATE ELEMENTARY OR SECONDARY SCHOOL, OR SPECIAL EDUCATION SCHOOLS, IT

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

Co-Sponsors

A8382B (ACTIVE) - Details

See Senate Version of this Bill:
S6597
Law Section:
Education Law
Laws Affected:
Add §3021-a, Ed L

A8382B (ACTIVE) - Summary

Requires immediate notification by law enforcement of the filing of an accusatory instrument alleging a sex offense by an employee; provides that no cause of action against law enforcement or school district shall exist for damages related to the dissemination of criminal history or arrest records.

A8382B (ACTIVE) - Bill Text download pdf


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

                                 8382--B

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2017
                               ___________

Introduced  by M. of A. GALEF, McDONALD -- read once and referred to the
  Committee on Education -- recommitted to the Committee on Education in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported and referred to the Committee on Codes -- reported and
  referred to the Committee on Rules -- Rules Committee discharged, bill
  amended, ordered reprinted as amended and recommitted to the Committee
  on Rules

AN ACT to amend the education law, in relation  to  requiring  immediate
  notification by law enforcement of the filing of an accusatory instru-
  ment alleging a sex offense by an employee

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

  Section 1. The education law is amended by adding a new section 3021-a
to read follows:
  §  3021-A.  NOTIFICATION  OF  ACCUSATORY  INSTRUMENT  ALLEGING  A  SEX
OFFENSE. 1. FOR PURPOSES OF THIS SECTION:
  (A) THE TERM "EMPLOYEE" MEANS ANY PERSON RECEIVING COMPENSATION FROM A
SCHOOL  DISTRICT,  CHARTER  SCHOOL,  BOARD  OF  COOPERATION  EDUCATIONAL
SERVICES, PRIVATE ELEMENTARY  OR  SECONDARY  SCHOOL,  SPECIAL  EDUCATION
SCHOOLS,  OR  EMPLOYEE OF A CONTRACTED SERVICE PROVIDER OR WORKER PLACED
WITHIN THE SCHOOL UNDER A PUBLIC ASSISTANCE EMPLOYMENT PROGRAM  PURSUANT
TO TITLE NINE-B OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW, AND CONSIST-
ENT  WITH  THE PROVISIONS OF SUCH TITLE FOR THE PROVISION OF SERVICES TO
SUCH DISTRICT OR SCHOOL, ITS STUDENTS OR EMPLOYEES, DIRECTLY OR  THROUGH
CONTRACT, WHEREBY SUCH SERVICES PERFORMED BY SUCH PERSON INVOLVED DIRECT
STUDENT CONTACT.
  (B)  THE TERM "SEX OFFENSE" MEANS AN OFFENSE FOR WHICH REGISTRATION AS
A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF  THE  CORRECTION
LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13055-09-8

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