senate Bill S8582

2019-2020 Legislative Session

Establishes incapacity to consent when a person is a witness to or subject of an investigation under certain circumstances

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Archive: Last Bill Status - In Senate Committee Rules Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2020 referred to rules

S8582 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§130.05 & 130.10, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: S2153, A4484
2023-2024: S2628, A692

S8582 (ACTIVE) - Summary

Establishes incapacity to consent when a person is a witness to or subject of an investigation under certain circumstances.

S8582 (ACTIVE) - Sponsor Memo

S8582 (ACTIVE) - Bill Text download pdf

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


                            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


  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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