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A01774 Summary:

BILL NOA01774
 
SAME ASSAME AS S02922
 
SPONSORRosenthal L
 
COSPNSRSeawright, Stirpe, Shimsky, De Los Santos, Hevesi, Cruz, Epstein, Lucas, Colton, Reyes, Glick, Davila, Simone
 
MLTSPNSR
 
Amd §130.05, Pen L
 
Deems a person who engages in sexual conduct during the period of their probation with his or her supervising probation officer as being incapable of consent.
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A01774 Actions:

BILL NOA01774
 
01/20/2023referred to codes
05/16/2023reported referred to rules
01/03/2024referred to codes
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A01774 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1774
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2023
                                       ___________
 
        Introduced  by M. of A. L. ROSENTHAL, SEAWRIGHT, STIRPE -- read once and
          referred to the Committee on Codes
 
        AN ACT to amend the penal law, in  relation  to  deeming  a  person  who
          engages  in  sexual  conduct during the period of their probation with
          his or her supervising probation officer as being incapable of consent

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 130.05 of the penal law is amended
     2  by adding a new paragraph (k) to read as follows:
     3    (k) under the supervision of a local probation department, pursuant to
     4  section  two hundred seventy-two of the correction law, or another local
     5  department or agency which fulfills a similar function and the actor  is
     6  an  employee  who  knows  or  reasonably should know that such person is
     7  committed to the supervision of  a  local  probation  department.    For
     8  purposes  of  this paragraph, "employee" means an employee of such local
     9  probation department or agency who, as part of his  or  her  employment,
    10  supervises  the  victim at the time of the offense or has supervised the
    11  victim and the victim is still under supervision of  a  local  probation
    12  department or agency at the time of the offense.
    13    § 2. This act shall take effect on the first of November next succeed-
    14  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.
                                                                   LBD06670-01-3
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