senate Bill S2582

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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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 (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

view votes

Feb 12, 2018 - Codes committee Vote

S2582
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Feb 12, 2018

excused (1)

Feb 6, 2017 - Codes committee Vote

S2582
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

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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

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

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.

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