senate Bill S621

Amended

Includes individuals with a mental defect as a victim under sexual abuse in the first degree

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Co-Sponsors

Bill Status


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

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 03 / Feb / 2012
    • AMEND AND RECOMMIT TO CODES
  • 03 / Feb / 2012
    • PRINT NUMBER 621A

Summary

Includes individuals with a mental defect as a victim under sexual abuse in the first degree.

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Bill Details

See Assembly Version of this Bill:
A419
Versions:
S621
S621A
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.65, Pen L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S6285, A906
2007-2008: A11840, A11840

Sponsor Memo

BILL NUMBER:S621

TITLE OF BILL:
An act
to amend the penal law, in relation to including individuals with a
mental defect as a victim under sexual abuse in the first degree

PURPOSE:
The purpose of this legislation is to amend Sexual Abuse in
the First Degree to include a victim's mental disability as grounds
for this felony charge.

SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision 4 to Section
130.65 of the penal law, as amended by chapter 1 of the laws of 2000.
The new subdivision 4 reads: When the other person has a mental
disease or defect.
Section 2 sets the effective date to begin on the
90th day after becoming law.

EXISTING LAW:
New York law does not sufficiently protect our mentally
disabled population with respect to sexual abuse. It is only a
misdemeanor to sexually abuse a mentally disabled person (Sexual
Abuse in the Second Degree, Penal Law §130.60(1). The crime is only a
felony if the person is 1) less than eleven years old; 2) is
physically helpless; or 3) forcible compulsion is used. Rape in the
Second Degree, Penal Law §130.30(2) makes it a felony to rape or
engage in a criminal sexual act with a mentally disabled individual
and Criminal Sexual Act in the second Degree, penal Law §130.45(2).
Both are only D felonies and the penalties imposed for these crimes
are inadequate.

JUSTIFICATION:
In a recent court decision (NYS v Maclean) vacated the
jury's verdict of guilty on the felony forcible compulsion count
Class B Felony of Sexual Abuse 1st Degree on the issue of what
constitutes forcible compulsion when a twelve year old, severely
handicapped and disabled girl is sexually abused by an adult.
The Penal Law Felony sanctions and protection are not provided for by
current law where the child/infant does not resist and is incapable
of articulating a fear or threat of death or serious injury as
required by the Penal Law statutory definition of "physical
compulsion."

LEGISLATIVE HISTORY:
2009-10: S.6285 (Klein) Referred to Codes
2007-08: S.8759 (Bonacic) Referred to Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become a law.


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

                                   621

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN, BONACIC -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to including individuals with
  a mental defect as a victim under sexual abuse in the first degree

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

  Section  1.  Subdivision  3  of  section  130.65  of the penal law, as
amended by chapter 1 of the laws of 2000, is amended and a new  subdivi-
sion 4 is added to read as follows:
  3. When the other person is less than eleven years old[.]; OR
  4. WHEN THE OTHER PERSON HAS A MENTAL DISEASE OR DEFECT.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02084-01-1

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