senate Bill S5964

Amended

Relates to criminal trespass and establishes the crime of criminal trespass in the second degree

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Sponsor

Bill Status


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

  • 23 / Oct / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 04 / Apr / 2014
    • AMEND (T) AND RECOMMIT TO CODES
  • 04 / Apr / 2014
    • PRINT NUMBER 5964A

Summary

Relates to criminal trespass and establishes the crime of criminal trespass in the second degree.

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Bill Details

See Assembly Version of this Bill:
A8399
Versions:
S5964
S5964A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง140.17, Pen L

Sponsor Memo

BILL NUMBER:S5964

TITLE OF BILL: An act to amend the penal law, in relation to the
crime of criminal trespass in the first degree

PURPOSE:

This bill increases the penalties for people that violate criminal
trespass and engage in deviate activities.

SUMMARY OF PROVISIONS:

Section 1. 140.17 of the penal law is amended by adding a new
subdivision 4 to read as follows:

4. Engages is any activity that is prohibited under article one
hundred thirty, two hundred forty-five, or two hundred sixty-three of
this chapter.

This act to take effect immediately.

EXISTING LAW:

There is no current statute to cover this type of offense.

JUSTIFICATION:

The statute currently allows for criminals to be prosecuted for
trespassing but other activities that would normally be considered
criminal, because of where these activities took place, cannot be
prosecuted. Example: A middle aged woman was home making dinner for
her son. When she turned around and walked into her dining room, she
found her 40 year old neighbor masturbating. She screamed and he ran
out of the house. She also ran out of the house to her other
neighbor's home. That neighbor called the police and they came to
arrest the individual. When she and her husband went to press charges
they were told that trespass was all they could charge him with. She
was unable to press any sexual assault charges because it happened
inside her home. If it had happened on her front lawn the individual
would have been charged with sexual assault, and lewdness or indecent
exposure violations. Unfortunately that was not the case. The
individual was charged with simple trespass and set free. He has since
stalked her and harassed her. Unfortunately the police have been
unable catch him in the act. This bill will address the problem by
expanding penalties for people that violate criminal trespass and
engage in deviate behavior.

LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

None to New York State.

LOCAL FISCAL IMPLICATIONS:


To be determined.

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
________________________________________________________________________

                                  5964

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            October 23, 2013
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the penal law, in relation  to  the  crime  of  criminal
  trespass in the first degree

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

  Section 1. Section 140.17 of the penal law is amended by adding a  new
subdivision 4 to read as follows:
  4.  ENGAGES  IN  ANY  ACTIVITY  THAT  IS  PROHIBITED UNDER ARTICLE ONE
HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, OR TWO  HUNDRED  SIXTY-THREE  OF
THIS CHAPTER.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11662-01-3

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