S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7446
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to amending sex offenses and
   consent involving members of the clergy
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (j)  of subdivision 3 of section 130.05 of the
 penal law, as added by section 1 of part JJ of chapter 55 of the laws of
 2018, is amended and a new paragraph (k) is added to read as follows:
   (j) detained or otherwise in the custody of a  police  officer,  peace
 officer,  or  other  law  enforcement official and the actor is a police
 officer, peace officer or other law enforcement official who either: (i)
 is detaining or maintaining custody of such person; or  (ii)  knows,  or
 reasonably should know, that at the time of the offense, such person was
 detained or in custody[.]; OR
   (K) A MEMBER OR ADHERENT OF AN ORGANIZED CHURCH OR RELIGIOUS GROUP AND
 THE ACTOR IS A MEMBER OF THE CLERGY OR OTHER MINISTER OF ANY RELIGION OR
 DULY  ACCREDITED CHRISTIAN SCIENCE PRACTITIONER CHARGED WITH RAPE IN THE
 THIRD DEGREE AS DEFINED IN SECTION 130.25 OF  THIS  ARTICLE,  AGGRAVATED
 SEXUAL ABUSE IN THE FOURTH DEGREE AS DEFINED IN SECTION 130.65-A OF THIS
 ARTICLE,  OR  SEXUAL  ABUSE  IN  THE  THIRD DEGREE AS DEFINED IN SECTION
 130.55 OF THIS ARTICLE, AND THE ACT OF SEXUAL CONDUCT OCCURS DURING  THE
 PROVISION  OF  PASTORAL COUNSELING SERVICES WITHIN THE CONTEXT OF HIS OR
 HER MINISTERIAL CHARGE OR OBLIGATION.
   § 2. Subdivision 4 of section 130.10 of the penal law, as  amended  by
 section  2  of  part JJ of chapter 55 of the laws of 2018, is amended to
 read as follows:
   4. In any prosecution under this article in which the victim's lack of
 consent is based solely on his or her incapacity to consent  because  he
 or she was less than seventeen years old, mentally disabled, a client or
 patient and the actor is a health care provider, A MEMBER OR ADHERENT OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04811-01-1

 A. 7446                             2
 
 AN  ORGANIZED CHURCH OR RELIGIOUS GROUP AND THE ACTOR IS A MEMBER OF THE
 CLERGY OR OTHER MINISTER OF ANY RELIGION OR  DULY  ACCREDITED  CHRISTIAN
 SCIENCE  PRACTITIONER,  detained or otherwise in custody of law enforce-
 ment  under  the circumstances described in paragraph (j) of subdivision
 three of section 130.05 of this article, or committed to  the  care  and
 custody or supervision of the state department of corrections and commu-
 nity supervision or a hospital and the actor is an employee, it shall be
 a  defense  that  the  defendant was married to the victim as defined in
 subdivision four of section 130.00 of this article.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.