S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    607
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, SEAWRIGHT -- read once and referred
   to the Committee on Codes
 
 AN  ACT  to  amend  the  penal  law, in relation to deeming a person who
   engages in sexual conduct during the period of  their  probation  with
   his or her supervising probation officer as being incapable of consent
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 130.05 of the penal law is amended
 by adding a new paragraph (k) to read as follows:
   (K) UNDER THE SUPERVISION OF A LOCAL PROBATION DEPARTMENT, PURSUANT TO
 SECTION TWO HUNDRED SEVENTY-TWO OF THE CORRECTION LAW, OR ANOTHER  LOCAL
 DEPARTMENT  OR AGENCY WHICH FULFILLS A SIMILAR FUNCTION AND THE ACTOR IS
 AN EMPLOYEE WHO KNOWS OR REASONABLY SHOULD  KNOW  THAT  SUCH  PERSON  IS
 COMMITTED  TO  THE  SUPERVISION  OF  A LOCAL PROBATION DEPARTMENT.   FOR
 PURPOSES OF THIS PARAGRAPH, "EMPLOYEE" MEANS AN EMPLOYEE OF  SUCH  LOCAL
 PROBATION  DEPARTMENT  OR  AGENCY WHO, AS PART OF HIS OR HER EMPLOYMENT,
 SUPERVISES THE VICTIM AT THE TIME OF THE OFFENSE OR HAS  SUPERVISED  THE
 VICTIM  AND  THE  VICTIM IS STILL UNDER SUPERVISION OF A LOCAL PROBATION
 DEPARTMENT OR AGENCY AT THE TIME OF THE OFFENSE.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00367-01-1