senate Bill S403

2021-2022 Legislative Session

Deems 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

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Sponsored By

Current Bill Status - On Floor Calendar


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 20, 2022 advanced to third reading
Jan 19, 2022 2nd report cal.
Jan 18, 2022 1st report cal.229
Jan 05, 2022 referred to codes
returned to senate
died in assembly
Apr 28, 2021 referred to codes
delivered to assembly
passed senate
Feb 10, 2021 advanced to third reading
Feb 09, 2021 2nd report cal.
Feb 08, 2021 1st report cal.306
Jan 06, 2021 referred to codes

Votes

view votes

Jan 18, 2022 - Codes committee Vote

S403
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Feb 8, 2021 - Codes committee Vote

S403
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

view additional co-sponsors

S403 (ACTIVE) - Details

See Assembly Version of this Bill:
A607
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S7128, A9110

S403 (ACTIVE) - Summary

Deems 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.

S403 (ACTIVE) - Sponsor Memo

S403 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    403
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  BIAGGI, GOUNARDES, MYRIE, SEPULVEDA -- 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  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


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