senate Bill S2518B

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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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:
A2093B
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:S2518B

TITLE OF BILL: An act to amend the penal law, in relation to sexual
abuse in the first degree where a person is incapable of consent while a
passenger on public transportation

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

SUMMARY OF PROVISIONS: Amends section 130.65 of the penal law - making
it sexual abuse in the 1st degree if a person intentionally comes in
sexual contact and with the sole purpose of sexual gratification without
the consent of the other person while a passenger on public transporta-
tion.

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 high-
est court threw out the felony charges because there was no proof the
victim felt threatened with violence, resulting in only a 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 be placed on the NYS Sex Offender Registry.

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

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall 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--B

                       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  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee on Codes in accordance with Senate Rule 6, sec. 8 -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the penal law, in relation to sexual abuse in the  first
  degree  where  a  person  is incapable of consent while a passenger on
  public transportation

  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 is amended by adding a new
subdivision 2-a to read as follows:
  2-A. INTENTIONALLY, AND WITH THE SOLE PURPOSE OF SEXUAL GRATIFICATION,
AND  WITHOUT THE CONSENT OF THE OTHER PERSON WHILE A PASSENGER ON PUBLIC
TRANSPORTATION; OR
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01282-10-4

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