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Sponsors
2 Co-sponsors
History
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–2
- Advanced to third reading
- 2nd report cal.
- 1st report cal.614
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Makes provisions with respect to sexual assault against a child by a person in a position of trust
In Assembly Committee · Codes · Sponsor Steven Englebright
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4791
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
Article 130 of the NYS Penal Law is amended to add three new crimes in relation to sexual assault of a child by a person in a position of trust. These new crimes are sexual assault against a child by a person in a position of trust in the first, second and third degrees. Also newly defined in Section 130 is "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
2011/2012 - S.1541A - Passed Senate/ Assembly Codes 2009/10 - S.1481 - Referred to Codes 2007/08 - S.432 - Passed Senate Non-Controversial 59-0/Assembly Codes 2005/06 - S.480A - Passed Senate/Assembly Codes 2003/04 - S.550/A.2904 - Passed Senate/Assembly Codes 2001/02 - S.386A - Passed Senate/Assembly Codes 1999/00 - S.973A - Passed Senate/Assembly Codes 1997/98 - Passed Senate/Assembly Codes
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.