Senate Bill S1657

2011-2012 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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2011-S1657 (ACTIVE) - Details

See Assembly Version of this Bill:
A7675
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S112, A6328
2013-2014: A1057
2015-2016: A980
2017-2018: A677
2019-2020: A2659
2021-2022: A4161

2011-S1657 (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.

2011-S1657 (ACTIVE) - Sponsor Memo

2011-S1657 (ACTIVE) - Bill Text download pdf 

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

                                  1657

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 11, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- 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  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.
                                                           LBD05880-01-1

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