Provides that a student enrolled in an elementary or secondary school in this state, regardless of age, who is engaged in sexual conduct with an employee or volunteer of such school, is deemed incapable of consenting to such conduct.
STATE OF NEW YORK
________________________________________________________________________
112
2009-2010 Regular Sessions
IN SENATE(Prefiled)
January 7, 2009
___________
Introduced by Sen. SAMPSON -- 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 deeming students who
engage in sexual conduct with an employee or volunteer of the school
such student attends 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. Paragraph (h) of subdivision 3 of section 130.05 of the
2 penal law, as amended by chapter 264 of the laws of 2003, is amended and
3 a new paragraph (i) is added to read as follows:
4 (h) a client or patient and the actor is a health care provider or
5 mental health care provider charged with rape in the third degree as
6 defined in section 130.25, criminal sexual act in the third degree as
7 defined in section 130.40, aggravated sexual abuse in the fourth degree
8 as defined in section 130.65-a, or sexual abuse in the third degree as
9 defined in section 130.55, and the act of sexual conduct occurs during a
10 treatment session, consultation, interview, or examination[.]; or
11 (i) a student enrolled in an elementary or secondary school in this
12 state, regardless of age, who is engaged in sexual conduct as defined in
13 subdivision ten of section 130.00 with an employee or volunteer of the
14 school attended by such student. For purposes of this paragraph,
15 "employee" means any person receiving compensation to provide services
16 to such school, whereby such services performed by such person involve
17 direct student contact. "Volunteer" means any person, other than an
18 employee, who provides services to such school, which involves direct
19 student contact.
20 § 2. This act shall take effect on the thirtieth day after it shall
21 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01976-01-9
