Assembly Bill A4870

2013-2014 Legislative Session

Provides that all employees of department of correctional services has duty to report any sexual conduct between an employee and an inmate

download bill text pdf

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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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2013-A4870 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Add §22-b, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3878
2011-2012: A1794
2015-2016: A667
2017-2018: A4030
2019-2020: A4213
2021-2022: A9226

2013-A4870 (ACTIVE) - Summary

Provides that all employees of the department of correctional services have a duty to report any sexual conduct between an employee and an inmate; provides that employees that fail to report shall be subject to disciplinary action.

2013-A4870 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4870

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2013
                               ___________

Introduced by M. of A. O'DONNELL, AUBRY -- read once and referred to the
  Committee on Correction

AN  ACT  to  amend the correction law, in relation to the duty to report
  sexual conduct by an employee with an inmate

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The correction law is amended by adding a new section 22-b
to read as follows:
  S 22-B. DUTY TO REPORT. ALL EMPLOYEES OF THE DEPARTMENT OF CORRECTION-
AL SERVICES, REGARDLESS OF TITLE, ARE UNDER A DUTY TO REPORT ANY  SEXUAL
CONDUCT  BETWEEN ANOTHER DEPARTMENT EMPLOYEE AND AN INMATE. SUCH DUTY TO
REPORT SHALL INCLUDE ANY KNOWLEDGE  OR  A  REASONABLE  BELIEF  THAT  THE
EMPLOYEE  HAS OF ANY SEXUAL CONDUCT TAKING PLACE OR THAT HAS TAKEN PLACE
BETWEEN ANY DEPARTMENT EMPLOYEE AND  ANY  INMATE  NOT  MARRIED  TO  SUCH
EMPLOYEE,  IN  THE  CUSTODY  OF  THE DEPARTMENT. ANY DEPARTMENT EMPLOYEE
HAVING EITHER KNOWLEDGE OR A REASONABLE BELIEF  OF  ANY  SEXUAL  CONDUCT
TAKING  PLACE  OR HAVING TAKEN PLACE BETWEEN ANY DEPARTMENT EMPLOYEE AND
AN INMATE HAS A DUTY TO REPORT SUCH INFORMATION TO THE SUPERINTENDENT OF
THE CORRECTIONAL FACILITY WHERE SUCH SEXUAL CONDUCT IS TAKING  PLACE  OR
HAS  TAKEN  PLACE. ANY EMPLOYEE WHO HAS EITHER KNOWLEDGE OR A REASONABLE
BELIEF TO SUSPECT THAT SUCH SEXUAL CONDUCT IS TAKING PLACE OR HAS  TAKEN
PLACE  BETWEEN  A DEPARTMENT EMPLOYEE AND AN INMATE AND WHO REPORTS SUCH
SEXUAL CONDUCT TO THE SUPERINTENDENT OF THE CORRECTIONAL FACILITY  SHALL
HAVE  IMMUNITY FROM ANY CIVIL LIABILITY THAT OTHERWISE MIGHT BE INCURRED
OR IMPOSED AS A RESULT OF THE MAKING OF SUCH REPORT.
  ANY EMPLOYEE WHO EITHER HAS EITHER KNOWLEDGE OR A REASONABLE BELIEF OF
SEXUAL CONDUCT BETWEEN A DEPARTMENT EMPLOYEE AND AN INMATE AND WHO FAILS
TO REPORT SUCH INFORMATION SHALL BE SUBJECT TO DISCIPLINARY ACTION.
  FOR PURPOSES OF THIS SECTION, SEXUAL CONDUCT SHALL HAVE THE SAME MEAN-
ING AS SUCH TERM IS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF  THE
PENAL LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05942-01-3

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