S6714-2011 - NY Senate Open Legislation - Provides that an elementary or secondary student shall not have capacity to consent to sexual conduct with a school employee

Provides that a full time elementary or secondary student shall not have capacity to consent to sexual conduct with a school employee at his or her school, including volunteers, when the employee is 18 or older and knows or should reasonably have known that the student was a student at the school, and such employee is not a full time student at such school, nor married to such student.

Sponsor: LITTLE / Co-sponsor(s): SALAND, LANZA / Committee: CODES
Law Section: Penal Law / Law: Amd SS130.00 & 130.05, Pen L

S6714-2011 Actions

May 14, 2012: referred to codes
May 14, 2012: DELIVERED TO ASSEMBLY
May 14, 2012: PASSED SENATE
Mar 22, 2012: ADVANCED TO THIRD READING
Mar 21, 2012: 2ND REPORT CAL.
Mar 20, 2012: 1ST REPORT CAL.429
Mar 12, 2012: REFERRED TO CODES

S6714-2011 Meetings

Codes: Mar 20, 2012

S6714-2011 Calendars

S6714-2011 Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 20, 2012

Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Squadron, Espaillat
Ayes W/R (1): Perkins
Nays (1): Parker

VOTE: FLOOR VOTE: - May 14, 2012

Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (3): Duane, Marcellino, Perkins

S6714-2011 Memo

BILL NUMBER:S6714

TITLE OF BILL:
An act
to amend the penal law, in relation to providing that an
elementary or secondary school student shall be incapable of consenting
to sexual conduct with a school employee

PURPOSE:
To criminalize school employees for sexual conduct with full time
students of elementary and secondary schools.

SUMMARY OF PROVISIONS:
Section 1- Amends section 130.00 of the penal law by defining "school
employee."

Section 2- Amends paragraph (h) of subdivision 3 of section 130.05 of
the penal law and adds a new paragraph to include school employees,
being eighteen years of older, at the same school of such student
attends to be charged if sexual conduct occurs.

Section 3- Contains the effective date.

EXISTING LAW:
Section 130.05 provides for the definition of sex offense with lack of
consent as rape in the third degree, which is a class E felony and
carries a sentence of 1 1/3 to 4 years imprisonment.

JUSTIFICATION:
This legislation seeks to assign a criminal penalty to those persons
who engage in sexual conduct with a person that he or she knows or
reasonably should know is a full time student at the school that they
are employed.

Children need to be protected from those in positions of power who may
try and manipulate them into engaging in sexual activities, even if
they are at the age of consent. There have been far too many
instances of inappropriate sexual conduct between teachers and their
students.

This legislation also defines the term school employee to mean any
person defined as an employee or volunteer pursuant to section 1125
of the education law. Any person receiving
compensation from a school district where services performed involved
district student contact and any person, other than an employee, who
provide services to a school or school district, which involve direct
student contact would be considered a school employee. This
legislation addresses any possible adult that is in a position of
trust in a school.

Twenty other states have recognized the seriousness of the issue and
criminalize this conduct under their current statutes.

LEGISLATIVE HISTORY:
2009/10: Referred to Codes
2007/08: Passed Senate
2006:    Passed Senate

FISCAL IMPLICATIONS:
None.

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

S6714-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          6714
 I N  SENATE
 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:

 

Section  1.

Section 130.00 of the penal law is amended by adding a new
 subdivision 14 to read as follows:

 14. "SCHOOL EMPLOYEE" SHALL MEAN ANY PERSON DEFINED AS  AN  "EMPLOYEE"
 OR  "VOLUNTEER"  PURSUANT  TO  SECTION ELEVEN HUNDRED TWENTY-FIVE OF THE
 EDUCATION LAW.
 

S 2. Paragraph (h) of subdivision 3 of section  130.05  of  the  penal
 law, as amended by chapter 264 of the laws of 2003, is amended and a new
 paragraph (i) is added to read as follows:

 (h)  a  client  or  patient and the actor is a health care provider or
 mental health care provider charged with rape in  the  third  degree  as
 defined  in  section  130.25, criminal sexual act in the third degree as
 defined in section 130.40, aggravated sexual abuse in the fourth  degree
 as  defined  in section 130.65-a, or sexual abuse in the third degree as
 defined in section 130.55, and the act of sexual conduct occurs during a
 treatment session, consultation, interview, or examination[.]; OR
 (I) A STUDENT AT AN ELEMENTARY OR SECONDARY SCHOOL, AND THE ACTOR:

 (I) IS A SCHOOL EMPLOYEE AT THE SAME SCHOOL SUCH STUDENT ATTENDS, AND
 (II) IS EIGHTEEN YEARS OF AGE OR OLDER AND MORE THAN FOUR YEARS  OLDER
 THAN SUCH STUDENT AT THE TIME OF THE ACT, AND
 (III) IS NOT MARRIED TO SUCH STUDENT, AND
 (IV)  KNOWS OR REASONABLY SHOULD KNOW THAT SUCH PERSON IS A STUDENT AT
 SUCH SCHOOL, AND
 (V) HE OR SHE IS NOT A STUDENT AT THE SAME SCHOOL.
 

S 3. 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.
 LBD02002-01-1

S6714-2011: Provides that an elementary or secondary student shall not have capacity to consent to sexual conduct with a school employee