Seawright, 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.
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.
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
