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S02922 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                    January 25, 2023
        Introduced  by  Sen.  CLEARE -- 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  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.
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