S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9226
 
                           I N  A S S E M B L Y
 
                             February 9, 2022
                                ___________
 
 Introduced  by  M.  of  A.  WEPRIN,  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:
   § 22-B. DUTY TO REPORT. ALL EMPLOYEES OF THE DEPARTMENT, 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 DEPART-
 MENT  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.
   AS USED IN THIS SECTION, THE TERM EMPLOYEE SHALL INCLUDE A PERSON  WHO
 IS  REGISTERED  AS  A  VOLUNTEER  TO  PROVIDE  A SERVICE TO INMATES AT A
 CORRECTIONAL FACILITY.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14280-01-2