S1541A-2011 Actions

• Mar 5, 2012: referred to codes
• Mar 5, 2012: DELIVERED TO ASSEMBLY
• Mar 5, 2012: PASSED SENATE
• Feb 29, 2012: ADVANCED TO THIRD READING
• Feb 15, 2012: 2ND REPORT CAL.
• Feb 14, 2012: 1ST REPORT CAL.201
• Feb 8, 2012: PRINT NUMBER 1541A
• Feb 8, 2012: AMEND AND RECOMMIT TO CODES
• Jan 4, 2012: REFERRED TO CODES
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Mar 30, 2011: referred to codes
• Mar 30, 2011: DELIVERED TO ASSEMBLY
• Mar 30, 2011: PASSED SENATE
• Mar 3, 2011: ADVANCED TO THIRD READING
• Mar 2, 2011: 2ND REPORT CAL.
• Mar 1, 2011: 1ST REPORT CAL.112
• Jan 10, 2011: REFERRED TO CODES

S1541A-2011 Meetings

S1541A-2011 Calendars

S1541A-2011 Votes

S1541A-2011 Memo

BILL NUMBER:S1541A

TITLE OF BILL:
An act
to amend the penal law, in relation to sexual assault against a child by
a person in a position of trust

PURPOSE:
To increase criminal penalties for sexual contact between a minor and
a person in a position of trust.

SUMMARY OF PROVISIONS:
Article 130 of the NYS Penal Law is amended to add three new crimes in
relation to sexual assault of a child by a person in a position of
trust. These new crimes are sexual assault against a child by a
person in a position of trust in the first, second and third degrees.
Also newly defined in Section 130 is "person in a position of trust."

EXISTING LAW:
There are prohibitions against sexual contact with a minor but the law
does not presently increase the penalties with regard to a person in
a position of trust.

JUSTIFICATION:
Parents are not with their children every moment of every day. It is
just not possible, nor is it a good idea for the parent or the child.
Therefore it is necessary that children are supervised by other
adults for various periods of time during the child's life. This
could start with a day-care center, a nursery school, school,
athletics or group activities.

These adults are responsible for these children while under their
supervision. These children should not be subjected to any sexual
contact. If there is any, the adults should be held to a stricter
standard and punished to a greater degree because of the special
relationships between the minor and the adult.

If parents entrust their children into the care of another adult, the
parents should be able to have a sense of security that their child
will not be subject to any sexual contact while under that other
adult's supervision.

LEGISLATIVE HISTORY:
2009/10 - S.1481 - Referred to Codes
2007/08 - S.432  - Passed Senate Non-Controversial
          59-0/Assembly Codes
2005/06 - S.480A - Passed Senate/Assembly Codes
2003/04 - S.550/A.2904 - Passed Senate/Assembly Codes
2001/02 - S.386A - Passed Senate/Assembly Codes
1999/00 - S.973A - Passed Senate/Assembly Codes
1997/98 - Passed Senate/Assembly Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall become law.

S1541A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 1541--A
 2011-2012 Regular Sessions
 I N  SENATE
 January 10, 2011
 
 Introduced  by  Sens.  SKELOS, AVELLA, JOHNSON -- read twice and ordered
 printed, and when printed to be committed to the Committee on Codes -
 recommitted to the Committee on Codes in accordance with  Senate  Rule
 6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee
 

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 148 of  the  laws  of
 2011  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, fireman  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, soliciting or providing support for
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06192-02-2
 
       S. 1541--A                          2
 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
 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, 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, AND SEXUAL
 ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF TRUST IN THE SECOND
 DEGREE AS DEFINED IN SECTION 130.98.
 

S 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.
 

S  3.  The  penal  law is amended by adding three new sections 130.97,
 130.98 and 130.99 to read as follows:

 

S 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.
 

S 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.
 

S 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.
 

S 4. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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