senate Bill S5350

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 02, 2021 referred to codes

S5350 (ACTIVE) - Details

See Assembly Version of this Bill:
A45
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.00 & 130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S299, A736
2011-2012: S6714, A470
2013-2014: S1358, A1504
2015-2016: S819, A1828
2017-2018: S2582, A1849
2019-2020: S2025, A2043

S5350 (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.

S5350 (ACTIVE) - Sponsor Memo

S5350 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5350
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
   printed to be committed 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-
 dential 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.