Senate Bill S6714

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S6714 (ACTIVE) - Details

See Assembly Version of this Bill:
A470
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.00 & 130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S299, A736
2013-2014: S1358, A1504
2015-2016: S819, A1828
2017-2018: S2582, A1849
2019-2020: S2025, A2043
2021-2022: S5350, A45
2023-2024: S494, A1482

2011-S6714 (ACTIVE) - Summary

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.

2011-S6714 (ACTIVE) - Sponsor Memo

2011-S6714 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  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

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