senate Bill S621A

2011-2012 Legislative Session

Includes individuals with a mental defect as a victim under sexual abuse in the first degree

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Archive: Last Bill Status - In Committee


  • 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
Feb 03, 2012 print number 621a
amend and recommit to codes
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S621 - Bill Details

See Assembly Version of this Bill:
A419A
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.65, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S6285, A906

S621 - Bill Texts

view summary

Includes individuals with a mental defect as a victim under sexual abuse in the first degree.

view sponsor memo
BILL NUMBER:S621

TITLE OF BILL:
An act
to amend the penal law, in relation to including individuals with a
mental defect as a victim under sexual abuse in the first degree

PURPOSE:
The purpose of this legislation is to amend Sexual Abuse in
the First Degree to include a victim's mental disability as grounds
for this felony charge.

SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision 4 to Section
130.65 of the penal law, as amended by chapter 1 of the laws of 2000.
The new subdivision 4 reads: When the other person has a mental
disease or defect.
Section 2 sets the effective date to begin on the
90th day after becoming law.

EXISTING LAW:
New York law does not sufficiently protect our mentally
disabled population with respect to sexual abuse. It is only a
misdemeanor to sexually abuse a mentally disabled person (Sexual
Abuse in the Second Degree, Penal Law §130.60(1). The crime is only a
felony if the person is 1) less than eleven years old; 2) is
physically helpless; or 3) forcible compulsion is used. Rape in the
Second Degree, Penal Law §130.30(2) makes it a felony to rape or
engage in a criminal sexual act with a mentally disabled individual
and Criminal Sexual Act in the second Degree, penal Law §130.45(2).
Both are only D felonies and the penalties imposed for these crimes
are inadequate.

JUSTIFICATION:
In a recent court decision (NYS v Maclean) vacated the
jury's verdict of guilty on the felony forcible compulsion count
Class B Felony of Sexual Abuse 1st Degree on the issue of what
constitutes forcible compulsion when a twelve year old, severely
handicapped and disabled girl is sexually abused by an adult.
The Penal Law Felony sanctions and protection are not provided for by
current law where the child/infant does not resist and is incapable
of articulating a fear or threat of death or serious injury as
required by the Penal Law statutory definition of "physical
compulsion."

LEGISLATIVE HISTORY:
2009-10: S.6285 (Klein) Referred to Codes
2007-08: S.8759 (Bonacic) Referred to Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become a law.


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

                                   621

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN, BONACIC -- 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 including individuals with
  a mental defect as a victim under sexual abuse in the first degree

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

  Section  1.  Subdivision  3  of  section  130.65  of the penal law, as
amended by chapter 1 of the laws of 2000, is amended and a new  subdivi-
sion 4 is added to read as follows:
  3. When the other person is less than eleven years old[.]; OR
  4. WHEN THE OTHER PERSON HAS A MENTAL DISEASE OR DEFECT.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02084-01-1

Co-Sponsors

S621A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A419A
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.65, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S6285, A906

S621A (ACTIVE) - Bill Texts

view summary

Includes individuals with a mental defect as a victim under sexual abuse in the first degree.

view sponsor memo
BILL NUMBER:S621A

TITLE OF BILL:
An act
to amend the penal law, in relation to including individuals with a
mental defect as a victim under sexual abuse in the first degree

PURPOSE:
The purpose of this legislation is to amend Sexual Abuse in the First
Degree to include a victim's mental disability as grounds for this
felony charge.

SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision 5 to Section 130.65 of the penal law,
as amended by chapter 26 of the laws of 2011. The new subdivision 5
reads: When the other person has a mental disease or defect.
Section 2 sets the effective date to begin on the 90th day after
becoming law.

EXISTING LAW:
New York law does not sufficiently protect our mentally disabled
population with respect to sexual abuse. It is only a misdemeanor to
sexually abuse a mentally disabled person (Sexual Abuse in the Second
Degree, Penal Law §130.60(1). The crime is only a felony if the
person is 1) less than eleven years old; 2) is physically helpless; or
3) forcible compulsion is used. Rape in the Second Degree, Penal Law

§130.30(2) makes it a felony to rape or engage in a criminal sexual
act with a mentally disabled individual and Criminal Sexual Act in
the second Degree, penal Law §130.45(2). Both are only D felonies and
the penalties imposed for these crimes are inadequate.

JUSTIFICATION:
In a recent court decision (NYS v Maclean) vacated the jury's verdict
of guilty on the felony forcible compulsion count Class B Felony of
Sexual Abuse 1st Degree on the issue of what constitutes forcible
compulsion when a twelve year old, severely handicapped and disabled
girl is sexually abused by an adult. The Penal Law Felony sanctions
and protection are not provided for by current law where the
child/infant does not resist and is incapable of articulating a fear
or threat of death or serious injury as required by the Penal Law
statutory definition of "physical compulsion."

LEGISLATIVE HISTORY:
2009-10: S.6285 (Klein) Referred to Codes
2007-08: S.8759 (Bonacic) Referred to Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 621--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN, BONACIC -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes  --  recom-
  mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the penal law, in relation to including individuals with
  a mental defect as a victim under sexual abuse in the first degree

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

  Section 1. Subdivision 4 of  section  130.65  of  the  penal  law,  as
amended by chapter 26 of the laws of 2011, is amended and a new subdivi-
sion 5 is added to read as follows:
  4. When the other person is less than thirteen years old and the actor
is twenty-one years old or older[.]; OR
  5. WHEN THE OTHER PERSON HAS A MENTAL DISEASE OR DEFECT.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02084-02-2

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