Assembly Bill A4454

2009-2010 Legislative Session

Provides that a student enrolled in a school, regardless of age, who is engaged in sexual conduct with an employee or volunteer is deemed incapable of consent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • 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

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2009-A4454 (ACTIVE) - Details

See Senate Version of this Bill:
S112
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง130.05, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S1657

2009-A4454 (ACTIVE) - Summary

Provides that a student enrolled in an elementary or secondary school in this state, regardless of age, who is engaged in sexual conduct with an employee or volunteer of such school, is deemed incapable of consenting to such conduct.

2009-A4454 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4454

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced by M. of A. TOWNS, CROUCH, WALKER, KOLB -- Multi-Sponsored by
  --  M. of A. MARKEY, SCARBOROUGH, WEISENBERG -- read once and referred
  to the Committee on Codes

AN ACT to amend the penal law,  in  relation  to  deeming  students  who
  engage  in  sexual conduct with an employee or volunteer of the school
  such student attends 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.  Paragraph  (h)  of subdivision 3 of section 130.05 of the
penal law, as amended by chapter 264 of the laws of 2003, is amended and
a new paragraph (i) is added to read as follows:
  (h) a client or patient and the actor is a  health  care  provider  or
mental  health  care  provider  charged with rape in the third degree as
defined in section 130.25, criminal sexual act in the  third  degree  as
defined  in section 130.40, aggravated sexual abuse in the fourth degree
as defined in section 130.65-a, or sexual abuse in the third  degree  as
defined in section 130.55, and the act of sexual conduct occurs during a
treatment session, consultation, interview, or examination[.]; OR
  (I)  A  STUDENT  ENROLLED IN AN ELEMENTARY OR SECONDARY SCHOOL IN THIS
STATE, REGARDLESS OF AGE, WHO IS ENGAGED IN SEXUAL CONDUCT AS DEFINED IN
SUBDIVISION TEN OF SECTION 130.00 WITH AN EMPLOYEE OR VOLUNTEER  OF  THE
SCHOOL  ATTENDED  BY  SUCH  STUDENT.  FOR  PURPOSES  OF  THIS PARAGRAPH,
"EMPLOYEE" MEANS ANY PERSON RECEIVING COMPENSATION TO  PROVIDE  SERVICES
TO  SUCH  SCHOOL, WHEREBY SUCH SERVICES PERFORMED BY SUCH PERSON INVOLVE
DIRECT STUDENT CONTACT. "VOLUNTEER" MEANS  ANY  PERSON,  OTHER  THAN  AN
EMPLOYEE,  WHO  PROVIDES  SERVICES TO SUCH SCHOOL, WHICH INVOLVES DIRECT
STUDENT CONTACT.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01976-01-9

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