| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Mar 21, 2023 | referred to codes delivered to assembly passed senate |
| Mar 16, 2023 | advanced to third reading |
| Mar 15, 2023 | 2nd report cal. |
| Mar 13, 2023 | 1st report cal.468 |
| Jan 25, 2023 | referred to codes |
senate Bill S2922
2023-2024 Legislative Session
Sponsored By
Cordell Cleare
(D) 30th Senate District
Current Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Co-Sponsors
Anthony H. Palumbo
(R) 1st Senate District
S2922 (ACTIVE) - Details
S2922 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2922 SPONSOR: CLEARE TITLE OF BILL: 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 PURPOSE: To protect individuals on probation from from sexual assault by their probation officer. SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new subdivision to (k) to subdivision 3 of section 130.05 of the Penal Law, to deem 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. Section 2 sets forth the effective date.
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
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