NY State Senate Bill 2011-S5165A

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Jun 24, 2011	committed to rules
Jun 14, 2011	advanced to third reading
Jun 13, 2011	2nd report cal. amended (t) 5165a
Jun 07, 2011	1st report cal.1071
May 03, 2011	referred to codes

Votes

- Jun 7, 2011 - Codes Committee Vote
  S5165A
  
  Aye
  
  12
  
  Nay
  
  1
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Jun 7, 2011
      
      aye (12)
      
      DeFrancisco
      
      Espaillat
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Golden
      
      Huntley
      
      Lanza
      
      Nozzolio
      
      O'Mara
      
      Perkins
      
      Saland
      
      nay (1)
      
      Parker
      
      aye wr (3)
      
      Duane
      
      Gianaris
      
      Squadron

Bill Amendments

Original

A (Active)

2011-S5165 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§130.93 & 130.94, amd §70.25, Pen L; amd §168-a, Cor L

2011-S5165 - Summary

Relates to creating the offense of a sexually motivated misdemeanor; provides that certain offenses including assault, trespass, stalking and computer tampering, when committed for sexual gratification, are a separate offense for which an additional sentence may be imposed; requires sex offender registration.

2011-S5165 - Sponsor Memo

                                BILL NUMBER:S5165

TITLE OF BILL:
An act
to amend the penal law, in relation to sexually motivated misdemeanors

PURPOSE: To impose new criminal liability and create
a registerable offense for defendants who may commit misdemeanor crimes
for the purpose of their own sexual gratification, but cannot be charged
with a sex offense as defined in section 130.00 of the penal law

SUMMARY OF PROVISIONS: Section (1) of the Bill adds
the new offense of Sexually Motivated Misdemeanor and defines "specified
offenses." When such specified offenses are committed in whole or part
for the purpose of sexual gratification the new offense of Sexually
Motivated Misdemeanor is committed. The specified offenses are as
follows:

120.00 - Assault in the third degree.
120.14 - Menacing in the second degree.
120.15 - Menacing in the third degree.
120.45 - Stalking in the fourth degree.
120.50 - Stalking in the third degree.
121.11 - Criminal obstruction of breathing or blood circulation.
140.05 - Trespass.
140.10 - Criminal trespass in the third degree.

140.15 - Criminal trespass in the second degree.
155.25 - Petit larceny.
156.05 - Unauthorized use of a computer.
156.20 - Computer tampering in the fourth degree.
156.29 - Unlawful duplication of computer related material in the second
degree.
230.20 - Promoting prostitution in the fourth degree.
240.30 - Aggravated harassment in the second degree.
260.10 - Endangering the welfare of a child.
260.20 - Unlawfully dealing with a child in the first degree.

Section (2) provides that a sentence for a sexually motivated
misdemeanor can run consecutive to the underlying misdemeanor thereby
allow a judge to sentence a person convicted of the specified offense
misdemeanor and a sexually motivated misdemeanor to a maximum of two
years in jail.

JUSTIFICATION:
A Sexually Motivated Misdemeanor occurs when a person commits a
specified misdemeanor offense for the purpose, in whole or substantial
part, of his or her own direct sexual gratification. The Bill includes
certain acts that are committed for sexual reasons but cannot be
prosecuted as a sex crime per se. The conduct proscribed when committed
for the sexual gratification of the actor makes such a conduct more
serious than the underlying misdemeanor conduct alone. As such, the Bill
provides an enhanced sentence when the purpose of the underlying act is,
in whole or part for the sexual gratification of the actor. Additional
punishment is necessary to deter these acts. Conviction of a sexually
motivated misdemeanor would allow sentencing to a consecutive jail term
up to two years for a conviction of the specified misdemeanor and
sexually motivated misdemeanor. The bill protects victims and punishes


sexual predators who commit misdemeanor crimes that cannot be prosecuted
as sex crimes, but are committed to satisfy a predator's sexual desire.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None.

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

2011-S5165 - Bill Text download pdf

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

                                  5165

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

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

AN ACT to amend the penal law, in relation to sexually motivated  misde-
  meanors

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

  Section 1. The penal law is amended by adding two new sections  130.93
and 130.94 to read as follows:
S 130.93 SEXUALLY MOTIVATED MISDEMEANOR.
  1.  A  PERSON  COMMITS A SEXUALLY MOTIVATED MISDEMEANOR WHEN HE OR SHE
COMMITS A SPECIFIED OFFENSE FOR THE PURPOSE,  IN  WHOLE  OR  SUBSTANTIAL
PART, OF HIS OR HER OWN DIRECT SEXUAL GRATIFICATION.
  2.  A  "SPECIFIED  OFFENSE" IS A MISDEMEANOR OFFENSE DEFINED BY ANY OF
THE FOLLOWING PROVISIONS OF THIS CHAPTER: ASSAULT IN THE THIRD DEGREE AS
DEFINED IN SECTION 120.00, AGGRAVATED ASSAULT UPON A  PERSON  LESS  THAN
ELEVEN  YEARS  OLD  AS DEFINED IN SECTION 120.12, MENACING IN THE SECOND
DEGREE AS DEFINED IN SECTION 120.14, MENACING IN  THE  THIRD  DEGREE  AS
DEFINED  IN  SECTION 120.15, STALKING IN THE FOURTH DEGREE AS DEFINED IN
SECTION 120.45, STALKING IN THE  THIRD  DEGREE  AS  DEFINED  IN  SECTION
120.50,  CRIMINAL  OBSTRUCTION  OF  BREATHING  OR  BLOOD  CIRCULATION AS
DEFINED IN SECTION 121.11, TRESPASS AS DEFINED IN SECTION 140.05, CRIMI-
NAL TRESPASS IN THE THIRD DEGREE AS DEFINED IN SECTION 140.10,  CRIMINAL
TRESPASS IN THE SECOND DEGREE AS DEFINED IN SECTION 140.15, PETIT LARCE-
NY  AS  DEFINED  IN  SECTION  155.25,  UNAUTHORIZED USE OF A COMPUTER AS
DEFINED IN SECTION 156.05, COMPUTER TAMPERING IN THE  FOURTH  DEGREE  AS
DEFINED  IN  SECTION  156.20,  UNLAWFUL  DUPLICATION OF COMPUTER RELATED
MATERIAL IN THE SECOND DEGREE AS DEFINED IN  SECTION  156.29,  PROMOTING
PROSTITUTION  IN  THE FOURTH DEGREE AS DEFINED IN SECTION 230.20, AGGRA-
VATED HARASSMENT IN THE SECOND DEGREE  AS  DEFINED  IN  SECTION  240.30,
ENDANGERING  THE WELFARE OF A CHILD AS DEFINED IN SECTION 260.10, UNLAW-
FULLY DEALING WITH A CHILD IN THE FIRST DEGREE  AS  DEFINED  IN  SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11213-01-1

S. 5165                             2

260.20,  UNLAWFULLY DEALING WITH A CHILD IN THE SECOND DEGREE AS DEFINED
IN SECTION 260.21, OR ANY MISDEMEANOR ATTEMPT OR  CONSPIRACY  TO  COMMIT
ANY OF THE FOREGOING OFFENSES.
S 130.94 SENTENCING.
  1.  WHEN  A  PERSON  IS  CONVICTED OF A SEXUALLY MOTIVATED MISDEMEANOR
PURSUANT TO THIS ARTICLE, THE SEXUALLY MOTIVATED  MISDEMEANOR  SHALL  BE
DEEMED TO BE THE SAME OFFENSE LEVEL AS THE SPECIFIED OFFENSE THE DEFEND-
ANT COMMITTED.
  2. PERSONS CONVICTED OF A SEXUALLY MOTIVATED MISDEMEANOR AS DEFINED IN
SECTION 130.93 OF THIS ARTICLE, MUST BE SENTENCED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 70.25 OF THIS CHAPTER.
  S  2.  Subdivision  2 of section 70.25 of the penal law, as amended by
chapter 56 of the laws of 1984, is amended to read as follows:
  2. When more than one sentence of imprisonment is imposed on a  person
for  two or more offenses committed through a single act or omission, or
through an act or omission  which  in  itself  constituted  one  of  the
offenses  and  also  was a material element of the other, the sentences,
except if one or more of such sentences is for a  violation  of  section
270.20 OR 130.94 of this chapter, must run concurrently.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

2011-S5165A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§130.93 & 130.94, amd §70.25, Pen L; amd §168-a, Cor L

2011-S5165A (ACTIVE) - Summary

2011-S5165A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5165A

TITLE OF BILL:
An act
to amend the penal law and the correction law,
in relation to sexually motivated misdemeanors

PURPOSE:
To impose new criminal liability and create a registerable
offense for defendants who may commit misdemeanor crimes for the
purpose of their own sexual gratification, but cannot be charged with
a sex offense as defined in section 130.00 of the penal law

SUMMARY OF PROVISIONS:
Section (1) of the Bill adds the new offense of
Sexually Motivated Misdemeanor and defines "specified offenses." When
such specified offenses are committed in whole or part for the
purpose of sexual gratification the new offense of Sexually Motivated
Misdemeanor is committed. The specified offenses are as follows:

120.00 - Assault in the third degree.
120.14 - Menacing in the second degree.
120.15 - Menacing in the third degree.
120.45 - Stalking in the fourth degree.
120.50 - Stalking in the third degree.
121.11 - Criminal obstruction of breathing or blood circulation.

140.05 - Trespass.
140.10 - Criminal trespass in the third degree.
140.15 - Criminal trespass in the second degree.
155.25 - Petit larceny.
156.05 - Unauthorized use of a computer.
156.20 - Computer tampering in the fourth degree.
156.29 - Unlawful duplication of computer related material in the
second degree.
230.20 - Promoting prostitution in the fourth degree.
240.30 - Aggravated harassment in the second degree.
260.10 - Endangering the welfare of a child.
260.20 - Unlawfully dealing with a child in the first degree.

Section (2) provides that a sentence for a sexually motivated
misdemeanor can run consecutive to the underlying misdemeanor thereby
allow a judge to sentence a person convicted of the specified offense
misdemeanor and a sexually motivated misdemeanor to a maximum of two
years in jail.

JUSTIFICATION:
A Sexually Motivated Misdemeanor occurs when a person
commits a specified misdemeanor offense for the purpose, in whole or
substantial part, of his or her own direct sexual gratification. The
Bill includes certain acts that are committed for sexual reasons but
cannot be prosecuted as a sex crime per se. The conduct proscribed
when committed for the sexual gratification of the actor makes such a
conduct more serious than the underlying misdemeanor conduct alone.
As such, the Bill provides an enhanced sentence when the purpose of
the underlying act is, in whole or part for the sexual gratification
of the actor.


Additional punishment is necessary to deter these acts. Conviction of
a sexually motivated misdemeanor would allow sentencing to a
consecutive jail term up to two years for a conviction of the
specified misdemeanor and sexually motivated misdemeanor. The bill
protects victims and punishes sexual predators who commit misdemeanor
crimes that cannot be prosecuted as sex crimes, but are committed to
satisfy a predator's sexual desire.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

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

2011-S5165A (ACTIVE) - Bill Text download pdf

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

                                 5165--A
    Cal. No. 1071

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes -- reported  favora-
  bly  from  said  committee,  ordered to first report, amended on first
  report, ordered to a second report, and to be  reprinted  as  amended,
  retaining its place in the order of second report

AN  ACT  to  amend  the penal law and the correction law, in relation to
  sexually motivated misdemeanors

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

  Section  1. The penal law is amended by adding two new sections 130.93
and 130.94 to read as follows:
S 130.93 SEXUALLY MOTIVATED MISDEMEANOR.
  1. A PERSON COMMITS A SEXUALLY MOTIVATED MISDEMEANOR WHEN  HE  OR  SHE
COMMITS  A  SPECIFIED  OFFENSE  FOR THE PURPOSE, IN WHOLE OR SUBSTANTIAL
PART, OF HIS OR HER OWN DIRECT SEXUAL GRATIFICATION.
  2. A "SPECIFIED OFFENSE" IS A MISDEMEANOR OFFENSE DEFINED  BY  ANY  OF
THE FOLLOWING PROVISIONS OF THIS CHAPTER: ASSAULT IN THE THIRD DEGREE AS
DEFINED  IN  SECTION  120.00, AGGRAVATED ASSAULT UPON A PERSON LESS THAN
ELEVEN YEARS OLD AS DEFINED IN SECTION 120.12, MENACING  IN  THE  SECOND
DEGREE  AS  DEFINED  IN  SECTION 120.14, MENACING IN THE THIRD DEGREE AS
DEFINED IN SECTION 120.15, STALKING IN THE FOURTH DEGREE AS  DEFINED  IN
SECTION  120.45,  STALKING  IN  THE  THIRD  DEGREE AS DEFINED IN SECTION
120.50, CRIMINAL  OBSTRUCTION  OF  BREATHING  OR  BLOOD  CIRCULATION  AS
DEFINED IN SECTION 121.11, TRESPASS AS DEFINED IN SECTION 140.05, CRIMI-
NAL  TRESPASS IN THE THIRD DEGREE AS DEFINED IN SECTION 140.10, CRIMINAL
TRESPASS IN THE SECOND DEGREE AS DEFINED IN SECTION 140.15, PETIT LARCE-
NY AS DEFINED IN SECTION 155.25,  UNAUTHORIZED  USE  OF  A  COMPUTER  AS
DEFINED  IN  SECTION  156.05, COMPUTER TAMPERING IN THE FOURTH DEGREE AS
DEFINED IN SECTION 156.20,  UNLAWFUL  DUPLICATION  OF  COMPUTER  RELATED
MATERIAL  IN  THE  SECOND DEGREE AS DEFINED IN SECTION 156.29, PROMOTING
PROSTITUTION IN THE FOURTH DEGREE AS DEFINED IN SECTION  230.20,  AGGRA-

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

                                                           LBD11213-02-1

S. 5165--A                          2

VATED  HARASSMENT  IN  THE  SECOND  DEGREE AS DEFINED IN SECTION 240.30,
ENDANGERING THE WELFARE OF A CHILD AS DEFINED IN SECTION 260.10,  UNLAW-
FULLY  DEALING  WITH  A  CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
260.20,  UNLAWFULLY DEALING WITH A CHILD IN THE SECOND DEGREE AS DEFINED
IN SECTION 260.21, OR ANY MISDEMEANOR ATTEMPT OR  CONSPIRACY  TO  COMMIT
ANY OF THE FOREGOING OFFENSES.
S 130.94 SENTENCING.
  1.  WHEN  A  PERSON  IS  CONVICTED OF A SEXUALLY MOTIVATED MISDEMEANOR
PURSUANT TO THIS ARTICLE, THE SEXUALLY MOTIVATED  MISDEMEANOR  SHALL  BE
DEEMED TO BE THE SAME OFFENSE LEVEL AS THE SPECIFIED OFFENSE THE DEFEND-
ANT COMMITTED.
  2. PERSONS CONVICTED OF A SEXUALLY MOTIVATED MISDEMEANOR AS DEFINED IN
SECTION 130.93 OF THIS ARTICLE, MUST BE SENTENCED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 70.25 OF THIS CHAPTER.
  S  2.  Subdivision  2 of section 70.25 of the penal law, as amended by
chapter 56 of the laws of 1984, is amended to read as follows:
  2. When more than one sentence of imprisonment is imposed on a  person
for  two or more offenses committed through a single act or omission, or
through an act or omission  which  in  itself  constituted  one  of  the
offenses  and  also  was a material element of the other, the sentences,
except if one or more of such sentences is for a  violation  of  section
270.20 OR 130.94 of this chapter, must run concurrently.
  S  3.    Paragraph  (a)  of  subdivision  2  of  section  168-a of the
correction law, as amended by chapter  405  of  the  laws  of  2008,  is
amended to read as follows:
  (a)  (i)  a conviction of or a conviction for an attempt to commit any
of the provisions of sections 120.70, 130.20,  130.25,  130.30,  130.40,
130.45,  130.60,  130.93,  230.34,  250.50, 255.25, 255.26 and 255.27 or
article two hundred sixty-three of the penal  law,  or  section  135.05,
135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
provided the victim of such kidnapping or related offense is  less  than
seventeen years old and the offender is not the parent of the victim, or
section  230.04, where the person patronized is in fact less than seven-
teen years of age, 230.05 or  230.06,  or  subdivision  two  of  section
230.30,  or  section  230.32  or  230.33  of  the  penal  law, or (ii) a
conviction of or a conviction for  an  attempt  to  commit  any  of  the
provisions  of section 235.22 of the penal law, or (iii) a conviction of
or a conviction for an attempt to commit any provisions of the foregoing
sections committed or attempted as  a  hate  crime  defined  in  section
485.05  of  the  penal law or as a crime of terrorism defined in section
490.25 of such law or as a sexually motivated felony defined in  section
130.91 of such law; or
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S5165A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

Jun 7, 2011 - Codes Committee Vote

Codes Committee Vote: Jun 7, 2011

Bill Amendments

2011-S5165 - Details

2011-S5165 - Summary

2011-S5165 - Sponsor Memo

2011-S5165 - Bill Text download pdf

2011-S5165A (ACTIVE) - Details

2011-S5165A (ACTIVE) - Summary

2011-S5165A (ACTIVE) - Sponsor Memo

2011-S5165A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S5165A

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Sponsored By

Stephen M. Saland

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

Bill Amendments

2011-S5165 - Details

2011-S5165 - Summary

2011-S5165 - Sponsor Memo

2011-S5165 - Bill Text download pdf

2011-S5165A (ACTIVE) - Details

2011-S5165A (ACTIVE) - Summary

2011-S5165A (ACTIVE) - Sponsor Memo

2011-S5165A (ACTIVE) - Bill Text download pdf

Comments