Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 15, 2020 |
referred to education |
Assembly Bill A10296
2019-2020 Legislative Session
Sponsored By
MCMAHON
Archive: Last Bill Status - In Assembly Committee
- 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
Actions
2019-A10296 (ACTIVE) - Details
- Current Committee:
- Assembly Education
- Law Section:
- Education Law
- Laws Affected:
- Add §817, Ed L
- Versions Introduced in 2021-2022 Legislative Session:
-
A6412
2019-A10296 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10296 I N A S S E M B L Y April 15, 2020 ___________ Introduced by M. of A. McMAHON -- read once and referred to the Commit- tee on Education AN ACT to amend the education law, in relation to mandating education in consent in schools with a sex education curriculum 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 817 to read as follows: § 817. CONSENT EDUCATION. 1. THE COMMISSIONER SHALL CREATE AND ESTAB- LISH A COMPREHENSIVE, AGE-APPROPRIATE SEXUAL CONSENT EDUCATION CURRIC- ULUM WHICH SHALL BE TAUGHT IN GRADES SIX THROUGH TWELVE IN ALL PUBLIC AND CHARTER SCHOOLS THAT CURRENTLY TEACH A SEX EDUCATION CURRICULUM. SUCH CONSENT EDUCATION CURRICULUM SHALL INCLUDE THAT A PERSON: (A) CONSENTS TO SEXUAL ACTIVITY BY PROVIDING A FREELY GIVEN AGREEMENT TO SUCH ACTIVITY; (B) WHO CONSENTS TO ONE PARTICULAR SEXUAL ACTIVITY DOES NOT PROVIDE CONSENT TO OTHER TYPES OF SEXUAL ACTIVITIES; (C) DOES NOT PROVIDE CONSENT BY FAILING TO EXPRESS VERBAL OR PHYSICAL RESISTANCE TO SEXUAL ADVANCES; (D) DOES NOT CONSENT TO SEXUAL ACTIVITY BY DRESSING IN ANY MANNER; (E) WHO HAS CONSENTED TO PAST SEXUAL ACTIVITY HAS NOT PROVIDED CONSENT TO FUTURE SEXUAL ACTIVITY; (F) CAN WITHDRAW CONSENT AT ANY TIME; AND (G) CANNOT CONSENT TO SEXUAL ACTIVITY IF THAT PERSON IS UNABLE TO UNDERSTAND THE NATURE OF THE ACTIVITY OR GIVE KNOWING CONSENT DUE TO CERTAIN CIRCUMSTANCES THAT INCLUDE, BUT ARE NOT LIMITED TO: (I) THE PERSON IS INCAPACITATED DUE TO THE USE OR INFLUENCE OF ALCOHOL OR DRUGS, (II) THE PERSON IS ASLEEP OR UNCONSCIOUS, (III) THE PERSON IS A MINOR, OR (IV) THE PERSON IS INCAPACITATED DUE TO A MENTAL DISABILITY. 2. THE EDUCATION CURRICULUM ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE MADE AVAILABLE TO ALL PUBLIC AND CHARTER SCHOOLS THAT CURRENTLY TEACH A SEX EDUCATION CURRICULUM WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, AND EACH SCHOOL SHALL DEVELOP A PLAN TO INCORPORATE SUCH CURRICULUM WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION. § 2. This act shall take effect immediately.
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