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S1481Senate2009-2010 Session

Makes provisions with respect to sexual assault against a child by a person in a position of trust

Sponsor Dean G. SkelosSD-9+25 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

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In committee · Codes

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  1. Referred to codes
  2. Referred to codes

Full text

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Sponsor's memo

Title of bill

An act to amend the penal law, in relation to sexual assault against a child by a person in a position of trust

Purpose

To increase criminal penalties for sexual contact between a minor and a person in a position of trust.

Summary of provisions

Adds a new section to Article 130 of the Penal Law entitled sexual assault against a child by a person in a position of trust and amends Section 70.02 to include this new crime as a violent felony offense.

Also amends the penal law by adding the definition of a person in a position of trust.

Existing law

There are prohibitions against sexual contact with a minor but the law does not presently increase the penalties with regard to a person in a position of trust.

Justification

Parents are not with their children every moment of every day. It is just not possible, nor is it a good idea for the parent or the child. Therefore it is necessary that children are supervised by other adults for various periods of time during the child's life. This could start with a day-care center, a nursery school, school, athletics or group activities.

These adults are responsible for these children while under their supervision. These children should not be subjected to any sexual contact. If there is any, the adults should be held to a stricter standard and punished to a greater degree because of the special relationships between the minor and the adult.

If parents entrust their children into the care of another adult, the parents should be able to have a sense of security that their child will not be subject to any sexual contact while under that other adult's supervision.

Legislative history

2007/2008 - S.432 - Passed Senate Non-Controversial 59-0/Assembly Codes 2005/2006 - S.480-A - Passed Senate/Assembly Codes 2003/2004 - S.550/ A.2904 - Passed Senate/Assembly Codes 2001/2002 - S.386-A Passed Senate/Assembly Codes 1999/2000 - S.973-A - Passed Senate/Assembly Codes 1997/1998 - Passed Senate/Assembly Codes

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.