BILL NUMBER: S2922
SPONSOR: CLEARE
 
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 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 officers 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.
 
PRIOR LEGISLATIVE HISTORY:
2020: S7128/A9110 - Died in Codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect the first November after it signed into law.

Statutes affected:
S2922: 130.05 penal law, 130.05(3) penal law