S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6714
                                   I N  S E N A T E
                                    March 12, 2012
                                      ___________
       Introduced  by  Sens.  LITTLE, SALAND -- 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 providing that an  elemen-
         tary  or  secondary school student shall be incapable of consenting to
         sexual conduct with a school employee
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 130.00 of the penal law is amended by adding a new
    2  subdivision 14 to read as follows:
    3    14. "SCHOOL EMPLOYEE" SHALL MEAN ANY PERSON DEFINED AS  AN  "EMPLOYEE"
    4  OR  "VOLUNTEER"  PURSUANT  TO  SECTION ELEVEN HUNDRED TWENTY-FIVE OF THE
    5  EDUCATION LAW.
    6    S 2. Paragraph (h) of subdivision 3 of section  130.05  of  the  penal
    7  law, as amended by chapter 264 of the laws of 2003, is amended and a new
    8  paragraph (i) is added to read as follows:
    9    (h)  a  client  or  patient and the actor is a health care provider or
   10  mental health care provider charged with rape in  the  third  degree  as
   11  defined  in  section  130.25, criminal sexual act in the third degree as
   12  defined in section 130.40, aggravated sexual abuse in the fourth  degree
   13  as  defined  in section 130.65-a, or sexual abuse in the third degree as
   14  defined in section 130.55, and the act of sexual conduct occurs during a
   15  treatment session, consultation, interview, or examination[.]; OR
   16    (I) A STUDENT AT AN ELEMENTARY OR SECONDARY SCHOOL, AND THE ACTOR:
   17    (I) IS A SCHOOL EMPLOYEE AT THE SAME SCHOOL SUCH STUDENT ATTENDS, AND
   18    (II) IS EIGHTEEN YEARS OF AGE OR OLDER AND MORE THAN FOUR YEARS  OLDER
   19  THAN SUCH STUDENT AT THE TIME OF THE ACT, AND
   20    (III) IS NOT MARRIED TO SUCH STUDENT, AND
   21    (IV)  KNOWS OR REASONABLY SHOULD KNOW THAT SUCH PERSON IS A STUDENT AT
   22  SUCH SCHOOL, AND
   23    (V) HE OR SHE IS NOT A STUDENT AT THE SAME SCHOOL.
   24    S 3. This act shall take effect on the first of November next succeed-
   25  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.
                                                                  LBD02002-01-1