assembly Bill A45

2021-2022 Legislative Session

Provides that an elementary or secondary student shall not have capacity to consent to sexual conduct with a school employee

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Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2021 referred to codes

Co-Sponsors

Multi-Sponsors

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A45 (ACTIVE) - Details

See Senate Version of this Bill:
S5350
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.00 & 130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A736, S299
2011-2012: A470, S6714
2013-2014: A1504, S1358
2015-2016: A1828, S819
2017-2018: A1849, S2582
2019-2020: A2043, S2025

A45 (ACTIVE) - Summary

Provides that a full time elementary or secondary student shall not have capacity to consent to sexual conduct with a school employee at his or her school or a co-located school, including volunteers, when the employee is 18 or older and more than 4 years older than such student at the time of the act and knows or should reasonably have known that the student was a student at the school or a co-located school, and such employee is not a full time student at such school, nor married to such student.

A45 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    45
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. GUNTHER, GALEF, BENEDETTO, MONTESANO -- Multi-
   Sponsored by -- M.  of  A.  BARCLAY,  DAVILA,  J. M. GIGLIO,  GOODELL,
   PERRY, J. RIVERA, THIELE -- read once and referred to the Committee on
   Codes
 
 AN  ACT to amend the penal law, in relation to providing that an elemen-
   tary or secondary school student shall be incapable of  consenting  to
   sexual conduct with a school employee
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 130.00 of the penal law is amended by adding a  new
 subdivision 14 to read as follows:
   14.  "SCHOOL  EMPLOYEE" SHALL MEAN ANY PERSON DEFINED AS AN "EMPLOYEE"
 OR "VOLUNTEER" PURSUANT TO SECTION ELEVEN  HUNDRED  TWENTY-FIVE  OF  THE
 EDUCATION LAW.
   §  2. 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 services, 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 resident resides; or an offi-
 cer  or other employee, consultant, contractor or volunteer of the resi-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets