NY State Senate Bill S2582

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 (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2018	referred to codes delivered to assembly passed senate
Feb 27, 2018	advanced to third reading
Feb 13, 2018	2nd report cal.
Feb 12, 2018	1st report cal.472
Jan 03, 2018	referred to codes returned to senate died in assembly
Mar 01, 2017	referred to codes delivered to assembly passed senate
Feb 13, 2017	advanced to third reading
Feb 07, 2017	2nd report cal.
Feb 06, 2017	1st report cal.162
Jan 13, 2017	referred to codes

Votes

Co-Sponsors

S2582 (ACTIVE) - Details

See Assembly Version of this Bill:: A1849
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, A736
2011-2012: S6714, A470
2013-2014: S1358, A1504
2015-2016: S819, A1828
2019-2020: S2025, A2043
2021-2022: S5350, A45
2023-2024: S494, A1482

S2582 (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.

S2582 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2582             Revised 1/9/18

SPONSOR: LITTLE
 
TITLE OF BILL:

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

 
PURPOSE:

To criminalize school employees for sexual conduct with full time
students of elementary and secondary schools.

 
SUMMARY OF PROVISIONS:

Section 1 - Amends section 130.00 of the penal law by defining "school
employee."

Section 2 - Amends paragraph (i) of subdivision 3 of section 130.05 of
the penal law and adds a new paragraph to include school employees,

being eighteen years of older, at the same school of such student
attends to be charged if sexual conduct occurs.

Section 3 - Contains the effective date.

 
EXISTING LAW:

Section 130.05 provides for the definition of sex offense with lack of
consent as rape in the third degree, which is a class E felony and
carries a sentence of 1 1/3 to 4 years imprisonment.

 
JUSTIFICATION:

This legislation seeks to assign a criminal penalty to those persons who
engage in sexual conduct with a person that he or she knows or reason-
ably should know is a full time student at the school that they are
employed.

Children need to be protected from those in positions of power who may
try and manipulate them into engaging in sexual activities, even if they
are at the age of consent. There have been far too many instances of
inappropriate sexual conduct between teachers and their students.

This legislation also defines the term school employee to mean any
person defined as an employee or volunteer pursuant to section 1125 of
the education law. Any person receiving compensation from a school
district where services performed involved district student contact and
any person, other than an employee, who provide services to a school or
school district, which involve direct student contact would be consid-
ered a school employee. This legislation addresses any possible adult
that is in a position of trust in a school.

Twenty other states have recognized the seriousness of the issue and
criminalize this conduct under their current statutes.

 
LEGISLATIVE HISTORY:

2015-2016: S.819-A Passed Senate; Referred to Assembly Codes Committee
2013-2014: S. 1358A Passed Senate
2012: Passed Senate
2009/10: Referred to Codes
2007/08: Passed Senate
2006: Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

none.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

S2582 (ACTIVE) - Bill Text download pdf


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

                                  2582

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 13, 2017
                               ___________

Introduced  by  Sens.  LITTLE,  LANZA,  SEWARD -- 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.
  § 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
shall  only  apply  to  a  consultant, contractor or volunteer providing

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

                                                           LBD00198-01-7

S. 2582                             2

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 OR CO-LOCATED 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 OR CO-LOCATED SCHOOL, AND
  (V) HE OR SHE IS NOT A STUDENT AT THE SAME SCHOOL.
  § 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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The New York State Senate

senate Bill S2582

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 4, 2018 - floor Vote

Floor Vote: Jun 4, 2018

Feb 12, 2018 - Codes committee Vote

Codes Committee Vote: Feb 12, 2018

Mar 1, 2017 - floor Vote

Floor Vote: Mar 1, 2017

Feb 6, 2017 - Codes committee Vote

Codes Committee Vote: Feb 6, 2017

Co-Sponsors

S2582 (ACTIVE) - Details

S2582 (ACTIVE) - Summary

S2582 (ACTIVE) - Sponsor Memo

S2582 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2582

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Sponsored By

Betty Little

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 4, 2018 - floor Vote

Floor Vote: Jun 4, 2018

Feb 12, 2018 - Codes committee Vote

Codes Committee Vote: Feb 12, 2018

Mar 1, 2017 - floor Vote

Floor Vote: Mar 1, 2017

Feb 6, 2017 - Codes committee Vote

Codes Committee Vote: Feb 6, 2017

Co-Sponsors

Patrick M. Gallivan

Chris Jacobs

Andrew J. Lanza

Sue Serino

James L. Seward

S2582 (ACTIVE) - Details

S2582 (ACTIVE) - Summary

S2582 (ACTIVE) - Sponsor Memo

S2582 (ACTIVE) - Bill Text download pdf

Comments