Bill S4791-2013

Makes provisions with respect to sexual assault against a child by a person in a position of trust

Establishes offenses of sexual assault against a child by a person in a position of trust for the subjection of a child to sexual contact by a person in a position of trust; defines "person in position of trust" as a person charged with the duty or responsibility for health, education, welfare or supervision of a child; provides such offenses in the first and second degrees shall be violent felony offenses.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • May 22, 2013: referred to codes
  • May 22, 2013: DELIVERED TO ASSEMBLY
  • May 22, 2013: PASSED SENATE
  • May 21, 2013: ADVANCED TO THIRD READING
  • May 20, 2013: 2ND REPORT CAL.
  • May 8, 2013: 1ST REPORT CAL.614
  • Apr 24, 2013: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - May 8, 2013
Ayes (15): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Squadron, Perkins, Espaillat, Hoylman, O'Brien, Krueger

Memo

BILL NUMBER:S4791

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: 2011/2012 - S.1541A - Passed Senate/ Assembly Codes 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4791 2013-2014 Regular Sessions IN SENATE April 24, 2013 ___________
Introduced by Sen. SKELOS -- 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 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 1 of the laws of 2013 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, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for 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; provided, however, that if section 27 of chapter 1 of the laws of 2013 shall not have taken effect on or before the effective date of this act, then the amendments to paragraph (b) of subdivision 1 of section 70.02 of the penal law, made by section one of this act, shall take effect on the same date and in the same manner as such section 27 takes effect.

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