senate Bill S1989A

Relates to the offense of sexual abuse in the first degree

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Feb / 2009
    • REFERRED TO CODES
  • 30 / Mar / 2009
    • MOTION TO DISCHARGE FILED
  • 21 / Apr / 2009
    • MOTION TO DISCHARGE - CARRIED - ROLL CALL VOTE
  • 21 / Apr / 2009
    • 1ST REPORT CAL.211
  • 22 / Apr / 2009
    • 2ND REPORT CAL.
  • 27 / Apr / 2009
    • ADVANCED TO THIRD READING
  • 16 / Jul / 2009
    • COMMITTED TO RULES
  • 06 / Jan / 2010
    • REFERRED TO CODES
  • 04 / May / 2010
    • 1ST REPORT CAL.494
  • 05 / May / 2010
    • 2ND REPORT CAL.
  • 10 / May / 2010
    • ADVANCED TO THIRD READING
  • 24 / May / 2010
    • AMENDED ON THIRD READING 1989A
  • 09 / Jun / 2010
    • SUBSTITUTED BY A1067A

Summary

Provides that sexual contact upon a person under the age of 13 by a person 21 years of age or older shall be sexual abuse in the first degree.

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Bill Details

See Assembly Version of this Bill:
A1067A
Versions:
S1989
S1989A
Legislative Cycle:
2009-2010
Law Section:
Penal Law
Laws Affected:
Amd ยง130.65, Pen L
Versions Introduced in 2007-2008 Legislative Cycle:
S4932, A8110

Sponsor Memo

BILL NUMBER:S1989A

TITLE OF BILL:
An act
to amend the penal law, in relation to sexual abuse of a person under
the age of thirteen

PURPOSE:
This bill would strengthen New York State's criminal laws that relate
to child sex abusers.

SUMMARY OF PROVISIONS:
Section One of this bill would amend Section 130.65 of the Penal Law
as amended by Chapter 1 of the Laws of 2000, by providing that a
person is guilty of sexual abuse in the first degree when he or she
is twenty-one years old or older and subjects another person to
sexual contact who is less than thirteen years old.

Section Two of this bill would provide for the effective date.

JUSTIFICATION:
In 2001, the New York State Legislature enacted the Sexual Assault
Reform Act. Among the changes made to the Penal Law at that time were
subdivisions to Rape in the First Degree, Section 130.35(4) and
Criminal Sexual Act (formerly Sodomy) in the First Degree, Section
130.50(4). These new subdivisions made it a class B violent felony
when a perpetrator over the age of eighteen had sexual intercourse or
anal or oral contact with a victim under the age of thirteen. No
change in age was made at that time to the crime of Sexual Abuse in
the First Degree, Section 130.65 which makes it a class D violent
felony only when the victim is under the age of eleven. Thus, a
perpetrator would be guilty of only a class A misdemeanor if he or
she subjects a child who is eleven or twelve years old to sexual
contact.

This legislation would add a subdivision four to Sexual Abuse in the
First Degree, making it a class D violent felony offense for a child
under thirteen to be subjected to sexual contact by a person who is
twenty-one years old or older. As the law stands in New York State, a
person who puts their hand down the pants of an eleven or twelve year
old is subjected to the same penalty as a person who steals a pack of
gum from a convenience store; that is unacceptable and this measure
will correct that inequity.

LEGISLATIVE HISTORY:
2009 - 3rd reading calendar.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1989--A
    Cal. No. 494

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 10, 2009
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the penal law, in relation to sexual abuse of  a  person
  under the age of thirteen

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 130.65 of the penal law, as amended by chapter 1 of
the laws of 2000, is amended to read as follows:
S 130.65 Sexual abuse in the first degree.
  A person is guilty of sexual abuse in the first degree when he or  she
subjects another person to sexual contact:
  1. By forcible compulsion; or
  2.  When  the  other person is incapable of consent by reason of being
physically helpless; or
  3. When the other person is less than eleven years old; OR
  4. WHEN THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR
IS TWENTY-ONE YEARS OLD OR OLDER.
  Sexual abuse in the first degree is a class D felony.
  S 2. This act shall take effect on the first of November next succeed-
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.
                                                           LBD03661-03-9

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