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Senate Bill S141

2009-2010 Legislative Session

Establishes the statutory rape prosecution grant program; appropriation

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Archive: Last Bill Status - Stricken

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2009-S141 (ACTIVE) - Details

Law Section:
Appropriations
Laws Affected:
Add ยง845-c, Exec L

2009-S141 (ACTIVE) - Summary

Establishes the statutory rape prosecution grant program to provide funds to district attorneys lacking sufficient resources to prosecute sex offenses where the age of the victim is an element of the offense, or the offense of non-payment of child support; the commissioner of the division of criminal justice services shall administer such program; appropriates $500,000 therefor.

2009-S141 (ACTIVE) - Sponsor Memo

2009-S141 (ACTIVE) - Bill Text download pdf 

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

                                   141

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

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

AN ACT to amend the executive law, in relation to establishing the stat-
  utory rape prosecution grant  program;  and  making  an  appropriation
  therefor

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

  Section 1. The executive law is amended by adding a new section  845-c
to read as follows:
  S  845-C. STATUTORY RAPE PROSECUTION GRANT PROGRAM. 1. THERE IS HEREBY
CREATED WITHIN THE DIVISION A STATUTORY RAPE PROSECUTION  GRANT  PROGRAM
TO  BE  ADMINISTERED  BY  THE  COMMISSIONER, TO AWARD GRANTS TO DISTRICT
ATTORNEYS IN ORDER TO ASSIST SUCH DISTRICT ATTORNEYS IN THE  PROSECUTION
OF  SEX  OFFENSES, AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL
LAW, WHERE PROOF OF THE AGE OF THE VICTIM IS A NECESSARY ELEMENT OF SUCH
OFFENSE OR THE PROSECUTION OF PERSONS CONVICTED OF SUCH OFFENSES FOR THE
CRIME OF NON-PAYMENT OF CHILD SUPPORT AS DEFINED IN  SECTION  260.05  OF
THE PENAL LAW.
  2.  NO  GRANT  MAY BE AWARDED UNDER THIS SECTION UNLESS AN APPLICATION
HAS BEEN SUBMITTED TO, AND APPROVED BY, THE COMMISSIONER. SUCH  APPLICA-
TION  FOR  A  GRANT  SHALL DEMONSTRATE A SPECIFIC NEED FOR AN AWARD OF A
GRANT CAUSED BY A LACK  OF  PROSECUTORIAL  RESOURCES  TO  PROSECUTE  THE
OFFENSES  ENUMERATED IN SUBDIVISION ONE OF THIS SECTION COMMITTED WITHIN
THE JURISDICTION OF THE DISTRICT ATTORNEY. THE COMMISSIONER SHALL  AWARD
GRANTS,  WITHIN  THE LIMITS OF THE APPROPRIATIONS AVAILABLE THEREFOR, TO
THOSE DISTRICT ATTORNEYS THAT DEMONSTRATE THE GREATEST NEED  FOR  FINAN-
CIAL  ASSISTANCE IN THE PROSECUTION OF SUCH OFFENSES.  SUCH GRANTS SHALL
BE AWARDED TO NOT LESS THAN FIVE DISTRICT  ATTORNEYS.  IN  ADDITION,  NO
MORE  THAN  TWO DISTRICT ATTORNEYS WITHIN THE SAME CITY SHALL BE AWARDED
SUCH GRANTS.

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

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