Assembly Bill A10720

2019-2020 Legislative Session

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

download bill text pdf

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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

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2019-A10720 (ACTIVE) - Details

See Senate Version of this Bill:
S8582
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.05 & 130.10, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: A4484, S2153
2023-2024: A692, S2628

2019-A10720 (ACTIVE) - Summary

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

2019-A10720 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10720
 
                           I N  A S S E M B L Y
 
                               July 1, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hunter) --
   read once and referred to the Committee on Codes
 
 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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