senate Bill S3710A

Amended

Relates to the definition of term "sexual intercourse" as such term applies to sex offenses and establishes the crimes of anal rape and oral rape; repealer

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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

  • 12 / Feb / 2013
    • REFERRED TO CODES
  • 15 / Feb / 2013
    • AMEND AND RECOMMIT TO CODES
  • 15 / Feb / 2013
    • PRINT NUMBER 3710A
  • 22 / Apr / 2013
    • REPORTED AND COMMITTED TO RULES
  • 22 / Apr / 2013
    • ORDERED TO THIRD READING CAL.391
  • 23 / Apr / 2013
    • AMENDED ON THIRD READING 3710B
  • 24 / Apr / 2013
    • AMENDED ON THIRD READING (T) 3710C
  • 29 / Apr / 2013
    • PASSED SENATE
  • 29 / Apr / 2013
    • DELIVERED TO ASSEMBLY
  • 29 / Apr / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Relates to the definition of the term "sexual intercourse" as such term applies to sex offenses; establishes the crimes of anal rape and oral rape to replace crimes involving criminal sexual acts.

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Bill Details

Versions:
S3710
S3710A
S3710B
S3710C
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง130.00, Pen L

Votes

15
0
15
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S3710A

TITLE OF BILL: An act to amend the penal law, in relation to the
definition of the term "sexual intercourse" as such term applies to
sex offenses

PURPOSE OR GENERAL IDEA OF BILL: To amend the penal law to redefine
rape as any contact between the penis and vagina or vulva.

SUMMARY OF SPECIFIC PROVISIONS: The Act amends the penal law by
defining rape as any contact between the penis and the vagina or
vulva.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Clarifies Rape in
the First, Second and Third Degrees.

JUSTIFICATION: On March 28, 2012, a Justice of the New York State
Supreme Court declared a mistrial on the rape charge against former
New York City Police Officer Michael Pena. Pena was convicted of
several other charges for holding the schoolteacher at gunpoint,
threatening her life and forcibly sodomizing her. Pena was not
convicted of rape despite overwhelming evidence of forcible,
non-consensual sexual conduct with a Bronx schoolteacher. It is
galling that in the face of evidence of the defendant's semen in the
victim's underwear, redness to her genitals, eyewitness testimony and
the victim's own account of the pain of the attack, Pena was not
convicted of the top count of rape.

Common sense dictates that what happened to the victim in this case is
rape.

This bill will redefine sexual intercourse as an element in the crime
of rape as any contact between the penis and the vagina, rather than
the current definition which requires penetration.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 3710--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 12, 2013
                               ___________

Introduced  by  Sens.  YOUNG, GOLDEN, NOZZOLIO -- 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

AN ACT to amend the penal law, in relation to the definition of the term
  "sexual intercourse" as such term applies to sex offenses

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

  Section 1. Subdivision 1 of section 130.00 of the penal law is amended
to read as follows:
  1. "Sexual intercourse" has its ordinary meaning and occurs  upon  any
[penetration,  however  slight] CONTACT BETWEEN THE PENIS AND THE VAGINA
OR VULVA.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08888-02-3

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