S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6102
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 15, 2013
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in relation to sexual assault  against  a
         child by a person in a position of trust
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraphs (b) and (d) of subdivision 1 of section 70.02 of
    2  the penal law, paragraph (b) as amended by chapter 1 of the laws of 2013
    3  and paragraph (d) as amended by chapter 7  of  the  laws  of  2007,  are
    4  amended to read as follows:
    5    (b)  Class  C violent felony offenses: an attempt to commit any of the
    6  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
    7  vated criminally negligent homicide as defined in section 125.11, aggra-
    8  vated  manslaughter  in  the second degree as defined in section 125.21,
    9  aggravated sexual abuse in the  second  degree  as  defined  in  section
   10  130.67,  SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
   11  TRUST IN THE FIRST DEGREE AS DEFINED IN SECTION  130.97,  assault  on  a
   12  peace  officer,  police  officer,  fireman or emergency medical services
   13  professional as defined in section 120.08, assault on a judge as defined
   14  in section 120.09, gang assault in  the  second  degree  as  defined  in
   15  section  120.06, strangulation in the first degree as defined in section
   16  121.13, burglary in the second degree  as  defined  in  section  140.25,
   17  robbery  in  the  second  degree  as defined in section 160.10, criminal
   18  possession of a weapon in  the  second  degree  as  defined  in  section
   19  265.03,  criminal  use  of  a firearm in the second degree as defined in
   20  section 265.08, criminal sale of a  firearm  in  the  second  degree  as
   21  defined  in section 265.12, criminal sale of a firearm with the aid of a
   22  minor as defined in section 265.14, aggravated criminal possession of  a
   23  weapon as defined in section 265.19, soliciting or providing support for
   24  an  act  of  terrorism in the first degree as defined in section 490.15,
   25  hindering prosecution of terrorism in the second degree  as  defined  in
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09689-01-3
       A. 6102                             2
    1  section  490.30, and criminal possession of a chemical weapon or biolog-
    2  ical weapon in the third degree as defined in section 490.37.
    3    (d)  Class  E violent felony offenses: an attempt to commit any of the
    4  felonies of criminal possession of a  weapon  in  the  third  degree  as
    5  defined  in subdivision five, six, seven or eight of section 265.02 as a
    6  lesser included offense of that section as defined in section 220.20  of
    7  the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
    8  section 130.53, aggravated sexual abuse in the fourth degree as  defined
    9  in  section 130.65-a, falsely reporting an incident in the second degree
   10  as defined in section 240.55 [and], placing a false  bomb  or  hazardous
   11  substance  in the second degree as defined in section 240.61, AND SEXUAL
   12  ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF TRUST IN THE SECOND
   13  DEGREE AS DEFINED IN SECTION 130.98.
   14    S 2. Section 130.00 of the penal law is amended by adding a new subdi-
   15  vision 14 to read as follows:
   16    14. "PERSON IN A POSITION OF TRUST" MEANS ANY PERSON  WHO  IS  CHARGED
   17  WITH  ANY  DUTY  OR RESPONSIBILITY FOR THE HEALTH, EDUCATION, WELFARE OR
   18  SUPERVISION OF A CHILD, EITHER INDEPENDENTLY OR THROUGH ANOTHER  PERSON,
   19  NO MATTER HOW BRIEF.
   20    S  3.  The  penal  law is amended by adding three new sections 130.97,
   21  130.98 and 130.99 to read as follows:
   22  S 130.97 SEXUAL ASSAULT AGAINST A CHILD BY A PERSON  IN  A  POSITION  OF
   23             TRUST IN THE FIRST DEGREE.
   24    A  PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A
   25  POSITION OF TRUST IN THE FIRST DEGREE WHEN HE OR SHE  SUBJECTS  A  CHILD
   26  LESS  THAN  ELEVEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
   27  PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
   28    SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
   29  THE FIRST DEGREE IS A CLASS C FELONY.
   30  S 130.98 SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
   31             TRUST IN THE SECOND DEGREE.
   32    A PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN  A
   33  POSITION  OF  TRUST IN THE SECOND DEGREE WHEN HE OR SHE SUBJECTS A CHILD
   34  LESS THAN FOURTEEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
   35  PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
   36    SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
   37  THE SECOND DEGREE IS A CLASS E FELONY.
   38  S 130.99 SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
   39             TRUST IN THE THIRD DEGREE.
   40    A PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN  A
   41  POSITION  OF  TRUST  IN THE THIRD DEGREE WHEN HE OR SHE SUBJECTS A CHILD
   42  LESS THAN EIGHTEEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
   43  PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
   44    SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
   45  THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   46    S 4. This act shall take effect on the first of November next succeed-
   47  ing  the  date  on  which it shall have become a law; provided, however,
   48  that if section 27 of chapter 1 of the laws of 2013 shall not have taken
   49  effect on or before the effective date of this act, then the  amendments
   50  to  paragraph  (b)  of  subdivision 1 of section 70.02 of the penal law,
   51  made by section one of this act, shall take effect on the same date  and
   52  in the same manner as such section 27 takes effect.