senate Bill S1989A

2009-2010 Legislative Session

Relates to the offense of sexual abuse in the first degree

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Sponsored By

Archive: Last Bill Status Via A1067 - Passed Assembly


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2010 3rd reading cal.494
substituted for s1989a
Jun 09, 2010 substituted by a1067a
May 24, 2010 amended on third reading 1989a
May 10, 2010 advanced to third reading
May 05, 2010 2nd report cal.
May 04, 2010 1st report cal.494
Jan 06, 2010 referred to codes
Jul 16, 2009 committed to rules
Apr 27, 2009 advanced to third reading
Apr 22, 2009 2nd report cal.
Apr 21, 2009 1st report cal.211
motion to discharge - carried - roll call vote
Mar 30, 2009 motion to discharge filed
Feb 10, 2009 referred to codes

Votes

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May 4, 2010 - Codes committee Vote

S1989
15
1
committee
15
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S1989 - Bill Details

See Assembly Version of this Bill:
A1067A
Law Section:
Penal Law
Laws Affected:
Amd §130.65, Pen L

S1989 - Bill Texts

view summary

Provides that sexual contact upon a person under the age of 13 by a person 21 years of age or older shall be sexual abuse in the first degree.

view sponsor memo
BILL NUMBER: S1989

TITLE OF BILL :
An act to amend the penal law, in relation to sexual abuse of a person
under the age of thirteen

PURPOSE OR GENERAL IDEA OF BILL :
This bill would strengthen New York State's criminal laws that relate
to pedophiles.

SUMMARY OF SPECIFIC PROVISIONS :
Section One of this bill would amend Section 130.65 of the penal law,
as amended by Chapter I of the Laws of 2000, by providing that a
person is guilty of sexual abuse in the first degree when he or she is
eighteen years old or older and subjects another person to sexual
contact who is less that thirteen years old. Section Two of this bill
would provide for the effective date.

JUSTIFICATION :
In 2001, the New York State Legislature enacted the Sexual Assault
Reform Act. Among the changes made to the Penal Law at that time were
subdivisions to Rape in the First Degree, Section 130.35(4) and
Criminal Sexual Act (formerly Sodomy) in the First Degree, Section
130.50(4). These new subdivisions made it a class B violent felony
when a perpetrator over the age of eighteen had sexual intercourse, or
anal or oral contact with a victim under the age of thirteen. No
similar change in age was made at that time to the crime of Sexual
Abuse in the First Degree, Section 130.65. That crime is therefore a
class D violent felony only when the victim is under the age of
eleven. Consequently, if a child who is eleven or twelve years old is
subjected to sexual contact by an individual who is eighteen or older
it is merely a class A misdemeanor.

This legislation would add a subdivision four to Sexual Abuse in the
First Degree, making it a class D violent felony offense, for a child
under thirteen to be subjected to sexual contact by a person who is
eighteen or older. Besides protecting these vulnerable victims, this
legislation would bring the Sexual Abuse in the First Degree statute
in line with Rape and Criminal Sexual Act in the First Degree. As the
law stands in New York State at this moment, a person who puts their
hand down the pants of an eleven or twelve year old is subjected to
the same penalty as a person who steals a pack of gum from a
convenience store. That is just not acceptable, and this measure seeks
to correct that inequity. The states of Connecticut, New Jersey, Rhode
Island and Indiana provide that sexual contact with an individual who
is eleven or twelve years old is a felony.

PRIOR LEGISLATIVE HISTORY :
2008: A.8110 - Held in the Assembly Codes Cmte.

FISCAL IMPLICATIONS :
To be determined.

EFFECTIVE DATE :
The first of November next succeeding the date on which it shall have
become a law.
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The Bill text is not available.

Co-Sponsors

S1989A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1067A
Law Section:
Penal Law
Laws Affected:
Amd §130.65, Pen L

S1989A (ACTIVE) - Bill Texts

view summary

Provides that sexual contact upon a person under the age of 13 by a person 21 years of age or older shall be sexual abuse in the first degree.

view sponsor memo
BILL NUMBER:S1989A

TITLE OF BILL:
An act
to amend the penal law, in relation to sexual abuse of a person under
the age of thirteen

PURPOSE:
This bill would strengthen New York State's criminal laws that relate
to child sex abusers.

SUMMARY OF PROVISIONS:
Section One of this bill would amend Section 130.65 of the Penal Law
as amended by Chapter 1 of the Laws of 2000, by providing that a
person is guilty of sexual abuse in the first degree when he or she
is twenty-one years old or older and subjects another person to
sexual contact who is less than thirteen years old.

Section Two of this bill would provide for the effective date.

JUSTIFICATION:
In 2001, the New York State Legislature enacted the Sexual Assault
Reform Act. Among the changes made to the Penal Law at that time were
subdivisions to Rape in the First Degree, Section 130.35(4) and
Criminal Sexual Act (formerly Sodomy) in the First Degree, Section
130.50(4). These new subdivisions made it a class B violent felony
when a perpetrator over the age of eighteen had sexual intercourse or
anal or oral contact with a victim under the age of thirteen. No
change in age was made at that time to the crime of Sexual Abuse in
the First Degree, Section 130.65 which makes it a class D violent
felony only when the victim is under the age of eleven. Thus, a
perpetrator would be guilty of only a class A misdemeanor if he or
she subjects a child who is eleven or twelve years old to sexual
contact.

This legislation would add a subdivision four to Sexual Abuse in the
First Degree, making it a class D violent felony offense for a child
under thirteen to be subjected to sexual contact by a person who is
twenty-one years old or older. As the law stands in New York State, a
person who puts their hand down the pants of an eleven or twelve year
old is subjected to the same penalty as a person who steals a pack of
gum from a convenience store; that is unacceptable and this measure
will correct that inequity.

LEGISLATIVE HISTORY:
2009 - 3rd reading calendar.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.


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

                                 1989--A
    Cal. No. 494

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 10, 2009
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the penal law, in relation to sexual abuse of  a  person
  under the age of thirteen

  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, as amended by chapter 1 of
the laws of 2000, is amended to read as follows:
S 130.65 Sexual abuse in the first degree.
  A person is guilty of sexual abuse in the first degree when he or  she
subjects another person to sexual contact:
  1. By forcible compulsion; or
  2.  When  the  other person is incapable of consent by reason of being
physically helpless; or
  3. When the other person is less than eleven years old; OR
  4. WHEN THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR
IS TWENTY-ONE YEARS OLD OR OLDER.
  Sexual abuse in the first degree is a class D felony.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03661-03-9

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