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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
06/05/2024reported referred to rules
06/06/2024reported
06/06/2024rules report cal.477
06/06/2024substituted by s2922
 S02922 AMEND= CLEARE
 01/25/2023REFERRED TO CODES
 03/13/20231ST REPORT CAL.468
 03/15/20232ND REPORT CAL.
 03/16/2023ADVANCED TO THIRD READING
 03/21/2023PASSED SENATE
 03/21/2023DELIVERED TO ASSEMBLY
 03/21/2023referred to codes
 01/03/2024died in assembly
 01/03/2024returned to senate
 01/03/2024REFERRED TO CODES
 03/12/20241ST REPORT CAL.649
 03/13/20242ND REPORT CAL.
 03/14/2024ADVANCED TO THIRD READING
 03/27/2024PASSED SENATE
 03/27/2024DELIVERED TO ASSEMBLY
 03/27/2024referred to codes
 06/06/2024substituted for a1774
 06/06/2024ordered to third reading rules cal.477
 06/06/2024passed assembly
 06/06/2024returned to senate
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A01774 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1774
 
SPONSOR: Rosenthal L
  TITLE OF BILL: 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   PURPOSE: To protect individuals on probation from sexual assault by their probation officer.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new subdivision to (k) to subdivision 3 of section 130.05 of the Penal Law, to deem 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. Section 2 sets forth the effective date.   JUSTIFICATION: Under current law, parole officers are barred from engaging in sexual activity with individuals on parole they are responsible for supervis- ing. This legislation would extend that protection to individuals on probation who face a similar power disparity with their probation offi- cer as someone on parole with their parole officer. This disparity creates the potential for any sexual relationships between probationers and their officer to be coercive in nature. Probationers should have the same protection as parolees. Under this legislation, sexual assault by a parole or probation officer would be treated identically.   LEGISLATIVE HISTORY: 2021-22: A.607 - Referred to Codes; S.403 - Passed Senate 2019-20: A.9110 - Referred to Codes; S.7182 - Referred to Codes   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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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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