Senate Bill S2922

Signed By Governor
2023-2024 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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

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
Votes

co-Sponsors

2023-S2922 (ACTIVE) - Details

See Assembly Version of this Bill:
A1774
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7128, A9110
2021-2022: S403, A607

2023-S2922 (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.

2023-S2922 (ACTIVE) - Sponsor Memo

2023-S2922 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2922
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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.
                                                            LBD06670-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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