senate Bill S2518

Amended

Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation

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Sponsor

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

  • 18 / Jan / 2013
    • REFERRED TO CODES
  • 13 / Jun / 2013
    • AMEND (T) AND RECOMMIT TO CODES
  • 13 / Jun / 2013
    • PRINT NUMBER 2518A
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 16 / Jun / 2014
    • AMEND AND RECOMMIT TO CODES
  • 16 / Jun / 2014
    • PRINT NUMBER 2518B
  • 19 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1597
  • 19 / Jun / 2014
    • PASSED SENATE
  • 19 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2014
    • REFERRED TO CODES

Summary

Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation and the contact was intentional and with the sole purpose of sexual gratification.

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Bill Details

See Assembly Version of this Bill:
A2093
Versions:
S2518
S2518A
S2518B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง130.65, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S7848

Sponsor Memo

BILL NUMBER:S2518

TITLE OF BILL: An act to amend the penal law and the correction law,
in relation to aggravated sexual contact in the first degree

PURPOSE: To create the penalty of aggravated sexual contact in the
third degree as a class B felony

SUMMARY OF PROVISIONS: Adds a new section 130.73 of the penal law
creating aggravated sexual contact in the first degree.

EXISTING LAW: The acts covered under this new law currently only
carry misdemeanor punishments, this law seeks to codify these acts in
its own section of law and raise the penalty to a felony level.

JUSTIFICATION:. A recent Court of Appeals decision allowed a chronic
pervert who masturbated on three subway riders off without prison
time. Although the District Attorney sought felony charges, the
state's highest court threw out the felony charges because there was
no proof the victim felt threatened with violence, resulting in
misdemeanor sex abuse charge carrying a maximum of three months.

These subway "grinders" as they are euphemistically referred to by law
enforcement are sexual deviants who prey upon victims who are going
about their daily commute and have no means of escape. This law seeks
to raise these acts to a felony status and upon conviction under this
law offenders will be required hen the NYS Sex Offender Registry.

LEGISLATIVE HISTORY: 2012 Session - New Bill - referred to Rules
Committee

FISCAL IMPLICATIONS: None

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

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

                                  2518

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

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

AN  ACT  to  amend  the penal law and the correction law, in relation to
  aggravated sexual contact in the first degree

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

  Section  1. The penal law is amended by adding a new section 130.73 to
read as follows:
S 130.73 AGGRAVATED SEXUAL CONTACT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED SEXUAL CONTACT IN  THE  FIRST  DEGREE
WHEN  HE  OR SHE TOUCHES, RUBS, OR IS IN CLOSE PHYSICAL CONTACT, CLOTHED
OR UNCLOTHED, TO ANOTHER PERSON FOR THE  PURPOSE  OF  GRATIFYING  SEXUAL
DESIRE  BY  THE ACTOR, AS WELL AS THE EMISSION OF EJACULATE BY THE ACTOR
UPON ANY PART OF THE VICTIM:
  1. WHEN THE OTHER PERSON IS INCAPABLE OF CONSENT BY  REASON  OF  BEING
PHYSICALLY  HELPLESS,  POWERLESS  TO MOVE OR WHILE A PASSENGER ON PUBLIC
TRANSPORTATION; OR
  2. WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD.
  AGGRAVATED SEXUAL CONTACT IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 2. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
168-a  of  the  correction law, as amended by chapter 405 of the laws of
2008, is amended to read as follows:
  (i) a conviction of or a conviction for an attempt to  commit  any  of
the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
130.45, 130.60, 130.73, 230.34, 250.50, 255.25,  255.26  and  255.27  or
article  two  hundred  sixty-three  of the penal law, or section 135.05,
135.10, 135.20 or 135.25 of such law relating  to  kidnapping  offenses,
provided  the  victim of such kidnapping or related offense is less than
seventeen years old and the offender is not the parent of the victim, or
section 230.04, where the person patronized is in fact less than  seven-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01282-01-3

S. 2518                             2

teen  years  of  age,  230.05  or  230.06, or subdivision two of section
230.30, or section 230.32 or 230.33 of the penal law, or
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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