|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 16, 2020||referred to rules|
senate Bill S8582
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8582 (ACTIVE) - Details
S8582 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8582 SPONSOR: MAY TITLE OF BILL: An act to amend the penal law, in relation to establishing incapacity to consent when a person is a witness to or subject of an investigation under certain circumstances PURPOSE: To establish incapacity to consent when a person is a witness to or victim of an incident under investigation. SUMMARY OF PROVISIONS: Section 1: adds a new paragraph k to subdivision 3 of section 130.05 of the penal law to add persons who are witnesses to or victims of an inci- dent under investigation by certain officials to establish incapacity to consent.
S8582 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8582 I N S E N A T E June 16, 2020 ___________ Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to establishing incapacity to consent when a person is a witness to or subject of an investigation under certain circumstances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (i) and (j) of subdivision 3 of section 130.05 of the penal law, paragraph (i) as amended and paragraph (j) as added by section 1 of part JJ of chapter 55 of the laws of 2018, are amended and a new paragraph (k) 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] ADDICTION services AND SUPPORTS, 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 resi- dent resides; or an officer or other employee, consultant, contractor or volunteer of the residential 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, contrac- tor or volunteer providing services pursuant to a contractual arrange- ment 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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