S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1774
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, SEAWRIGHT, STIRPE -- read once and
   referred 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.
                                                            LBD06670-01-3