Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2020 |
referred to codes |
Senate Bill S7128
2019-2020 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) 26th Senate District
(D) 20th Senate District
(D) 32nd Senate District
2019-S7128 (ACTIVE) - Details
2019-S7128 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7128 SPONSOR: BIAGGI 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.
2019-S7128 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7128 I N S E N A T E (PREFILED) January 8, 2020 ___________ Introduced by Sen. BIAGGI -- 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. LBD14275-01-9
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