assembly Bill A9774A

2011-2012 Legislative Session

Relates to the offenses of rape in the first, second and third degrees

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 print number 9774a
Jun 18, 2012 amend (t) and recommit to codes
Apr 02, 2012 referred to codes

Co-Sponsors

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Multi-Sponsors

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A9774 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Rpld §§130.40, 130.45, 130.50, 130.65-A, 130-66, 130.67 & 130.70; amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 301.2, 308.1, 1052, Fam Ct Act; amd §§61, 62 & 64, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2013-2014: A3339
2015-2016: A4959
2017-2018: A4249
2019-2020: A794

A9774 (ACTIVE) - Summary

Relates to the offenses of rape in the first, second and third degrees.

A9774 (ACTIVE) - Bill Text download pdf

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

                                  9774

                          I N  A S S E M B L Y

                              April 2, 2012
                               ___________

Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, SAYWARD -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to the offenses  of  rape  in
  the first, second and third degrees

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

  Section 1.  Section 130.00 of the penal law is amended by adding a new
subdivision 14 to read as follows:
  14. "CRIMINAL SEXUAL CONDUCT" MEANS SEXUAL  INTERCOURSE,  ORAL  SEXUAL
CONDUCT, ANAL SEXUAL CONDUCT OR AGGRAVATED SEXUAL CONTACT.
  S  2.  Subdivisions  1,  2  and  3 of section 130.25 of the penal law,
subdivisions 1 and 2 as amended and subdivision 3 as added by chapter  1
of the laws of 2000, are amended to read as follows:
  1.  He  or  she  engages in CRIMINAL sexual [intercourse] CONDUCT with
another person who is incapable of consent  by  reason  of  some  factor
other than being less than seventeen years old;
  2.  Being  twenty-one years old or more, he or she engages in CRIMINAL
sexual [intercourse] CONDUCT with another  person  less  than  seventeen
years old; or
  3.  He  or  she  engages in CRIMINAL sexual [intercourse] CONDUCT with
another person without such person's consent where such lack of  consent
is by reason of some factor other than incapacity to consent.
  S 3. Subdivisions 1 and 2 of section 130.30 of the penal law, subdivi-
sion 1 as amended and subdivision 2 as added by chapter 1 of the laws of
2000, are amended to read as follows:
  1.  being  eighteen  years  old or more, he or she engages in CRIMINAL
sexual [intercourse] CONDUCT with another person less than fifteen years
old; or
  2. he or she engages in CRIMINAL  sexual  [intercourse]  CONDUCT  with
another  person  who is incapable of consent by reason of being mentally
disabled or mentally incapacitated.
  S 4. The opening paragraph of section 130.35  of  the  penal  law,  as
amended by chapter 1 of the laws of 2000, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15244-02-2

Co-Sponsors

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Multi-Sponsors

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A9774A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Rpld §§130.40, 130.45, 130.50, 130.65-A, 130-66, 130.67 & 130.70; amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 301.2, 308.1, 1052, Fam Ct Act; amd §§61, 62 & 64, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2013-2014: A3339
2015-2016: A4959
2017-2018: A4249
2019-2020: A794

A9774A (ACTIVE) - Summary

Relates to the offenses of rape in the first, second and third degrees.

A9774A (ACTIVE) - Bill Text download pdf

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

                                 9774--A

                          I N  A S S E M B L Y

                              April 2, 2012
                               ___________

Introduced  by  M.  of  A. SIMOTAS, COLTON, AUBRY, SAYWARD, SCARBOROUGH,
  MARKEY, P. RIVERA, MENG, ENGLEBRIGHT, BRAUNSTEIN, DenDEKKER,  LANCMAN,
  BRINDISI,  LINARES,  MORELLE,  JAFFEE,  MILLMAN,  ZEBROWSKI,  GUNTHER,
  LAVINE, MOYA, TITONE, PERRY, CLARK, COOK, ROBERTS, HOOPER, BOYLAND  --
  Multi-Sponsored  by  --  M.  of  A.  ARROYO, BRENNAN, BURLING, CORWIN,
  DUPREY, FINCH, GALEF, GLICK, GOODELL, HIKIND, LOSQUADRO,  MALLIOTAKIS,
  McDONOUGH, McENENY, McKEVITT, J. MILLER, MONTESANO, MURRAY, RA, ROBIN-
  SON,  SCHIMEL,  SWEENEY,  TOBACCO, WALTER -- read once and referred 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,  the  criminal  procedure  law, the
  correction law, the executive law, the social services law, the  vehi-
  cle  and  traffic law, the family court act, the civil rights law, the
  civil practice law and rules and the agriculture and markets  law,  in
  relation  to  sex  offenses;  and  to repeal certain provisions of the
  penal law relating thereto

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

  Section  1.  Sections 130.40, 130.45, 130.50, 130.65-A, 130.66, 130.67
and 130.70 of the penal law are REPEALED.
  S 2. Paragraph 2 of subdivision 18 of section 10.00 of the penal  law,
as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
follows:
  (2) a person fourteen or fifteen years old who is criminally responsi-
ble for acts constituting the crimes defined in subdivisions one and two
of section 125.25 (murder in the second degree) and in subdivision three
of such section provided that the underlying crime for the murder charge
is one for which such person is criminally responsible;  section  135.25
(kidnapping  in  the  first degree); 150.20 (arson in the first degree);
subdivisions one and  two  of  section  120.10  (assault  in  the  first
degree);  125.20  (manslaughter  in the first degree); [subdivisions one
and] PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE AND  SUBDIVISION  two  of
section  130.35  (rape in the first degree); subdivisions one and two of
section 130.50 (criminal sexual act in the first degree); 130.70 (aggra-

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

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