S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5657
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to sexual assault  against  a
   child by a person in a position of trust
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs (b) and (d) of subdivision 1 of section 70.02 of
 the penal law, paragraph (b) as amended by chapter 476 of  the  laws  of
 2018  and paragraph (d) as amended by chapter 7 of the laws of 2007, are
 amended to read as follows:
   (b) Class C violent felony offenses: an attempt to commit any  of  the
 class  B felonies set forth in paragraph (a) of this subdivision; aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated manslaughter in the second degree as defined  in  section  125.21,
 aggravated  sexual  abuse  in  the  second  degree as defined in section
 130.67, SEXUAL ASSAULT AGAINST A CHILD BY A  PERSON  IN  A  POSITION  OF
 TRUST  IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 130.97, assault on a
 peace officer, police officer, firefighter or emergency medical services
 professional as defined in section 120.08, assault on a judge as defined
 in section 120.09, gang assault in  the  second  degree  as  defined  in
 section  120.06, strangulation in the first degree as defined in section
 121.13, burglary in the second degree  as  defined  in  section  140.25,
 robbery  in  the  second  degree  as defined in section 160.10, criminal
 possession of a weapon in  the  second  degree  as  defined  in  section
 265.03,  criminal  use  of  a firearm in the second degree as defined in
 section 265.08, criminal sale of a  firearm  in  the  second  degree  as
 defined  in section 265.12, criminal sale of a firearm with the aid of a
 minor as defined in section 265.14, aggravated criminal possession of  a
 weapon as defined in section 265.19, soliciting or providing support for
 an  act  of  terrorism in the first degree as defined in section 490.15,
 hindering prosecution of terrorism in the second degree  as  defined  in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04939-02-9

 A. 5657                             2
 
 section  490.30, and criminal possession of a chemical weapon or biolog-
 ical weapon in the third degree as defined in section 490.37.
   (d)  Class  E violent felony offenses: an attempt to commit any of the
 felonies of criminal possession of a  weapon  in  the  third  degree  as
 defined  in subdivision five, six, seven or eight of section 265.02 as a
 lesser included offense of that section as defined in section 220.20  of
 the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
 section 130.53, aggravated sexual abuse in the fourth degree as  defined
 in  section  130.65-a,  SEXUAL  ASSAULT AGAINST A CHILD BY A PERSON IN A
 POSITION OF TRUST IN THE SECOND DEGREE AS  DEFINED  IN  SECTION  130.98,
 falsely reporting an incident in the second degree as defined in section
 240.55  and  placing  a  false bomb or hazardous substance in the second
 degree as defined in section 240.61.
   § 2. Section 130.00 of the penal law is amended by adding a new subdi-
 vision 14 to read as follows:
   14. "PERSON IN A POSITION OF TRUST" MEANS ANY PERSON  WHO  IS  CHARGED
 WITH  ANY  DUTY  OR RESPONSIBILITY FOR THE HEALTH, EDUCATION, WELFARE OR
 SUPERVISION OF A CHILD, EITHER INDEPENDENTLY OR THROUGH ANOTHER  PERSON,
 NO MATTER HOW BRIEF.
   §  3.  The  penal  law is amended by adding three new sections 130.97,
 130.98 and 130.99 to read as follows:
 § 130.97 SEXUAL ASSAULT AGAINST A CHILD BY A PERSON  IN  A  POSITION  OF
            TRUST IN THE FIRST DEGREE.
   A  PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A
 POSITION OF TRUST IN THE FIRST DEGREE WHEN HE OR SHE  SUBJECTS  A  CHILD
 LESS  THAN  ELEVEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
 PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
   SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
 THE FIRST DEGREE IS A CLASS C FELONY.
 § 130.98 SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
            TRUST IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN  A
 POSITION  OF  TRUST IN THE SECOND DEGREE WHEN HE OR SHE SUBJECTS A CHILD
 LESS THAN FOURTEEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
 PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
   SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
 THE SECOND DEGREE IS A CLASS E FELONY.
 § 130.99 SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
            TRUST IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN  A
 POSITION  OF  TRUST  IN THE THIRD DEGREE WHEN HE OR SHE SUBJECTS A CHILD
 LESS THAN EIGHTEEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
 PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
   SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
 THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.