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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

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

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Bill Amendments

co-Sponsors

2017-A8382 - Details

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

2017-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.

2017-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

2017-A8382A - Details

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

2017-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.

2017-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

2017-A8382B (ACTIVE) - Details

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

2017-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.

2017-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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