senate Bill S746B

2011-2012 Legislative Session

Establishes the offenses of promoting and possessing a sex offense against a child

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 05, 2012 referred to codes
delivered to assembly
passed senate
Feb 29, 2012 advanced to third reading
Feb 15, 2012 2nd report cal.
Feb 14, 2012 1st report cal.197
Jan 25, 2012 print number 746b
amend and recommit to codes
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 16, 2011 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1296
committee discharged and committed to rules
May 27, 2011 print number 746a
amend and recommit to codes
Jan 05, 2011 referred to codes

Votes

view votes

Feb 14, 2012 - Codes committee Vote

S746B
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Jun 16, 2011 - Rules committee Vote

S746A
21
1
committee
21
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

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S746 - Details

Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 263.00, add §§263.35 & 263.40, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S3411

S746 - Summary

Establishes the class B felony of promoting a sex offense against a child for producing, directing or promoting any visual or audio representation of the commission of a sex offense against a person under the age of 16 years; establishes the class C felony of possessing a sex offense against a child for knowingly possessing any such representation; designates both such felonies as violent felony offenses.

S746 - Sponsor Memo

S746 - Bill Text download pdf

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

                                   746

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  YOUNG,  BONACIC,  DeFRANCISCO, MAZIARZ, NOZZOLIO,
  RANZENHOFER, SALAND, SEWARD -- 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 establishing the offenses
  of promoting and possessing a sex offense against a child

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

  Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
the  penal  law,  paragraph (a) as amended by chapter 320 of the laws of
2006 and paragraph (b) as amended by chapter 405 of the  laws  of  2010,
are amended to read as follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in
section 160.15, PROMOTING A SEX OFFENSE AGAINST A CHILD  AS  DEFINED  IN
SECTION 263.35, incest in the first degree as defined in section 255.27,
criminal  possession  of  a  weapon  in  the  first degree as defined in
section 265.04, criminal use of a firearm in the first degree as defined
in section 265.09, criminal sale of a firearm in  the  first  degree  as

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

Co-Sponsors

view additional co-sponsors

S746A - Details

Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 263.00, add §§263.35 & 263.40, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S3411

S746A - Summary

Establishes the class B felony of promoting a sex offense against a child for producing, directing or promoting any visual or audio representation of the commission of a sex offense against a person under the age of 16 years; establishes the class C felony of possessing a sex offense against a child for knowingly possessing any such representation; designates both such felonies as violent felony offenses.

S746A - Sponsor Memo

S746A - Bill Text download pdf

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

                                 746--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. YOUNG, BONACIC, DeFRANCISCO, LARKIN, MAZIARZ, NOZZO-
  LIO,  O'MARA,  RANZENHOFER,  SALAND,  SEWARD -- read twice and ordered
  printed, and when printed to be committed 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, in relation to establishing the offenses
  of promoting and possessing a sex offense against a child

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

  Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
the  penal  law,  paragraph (a) as amended by chapter 320 of the laws of
2006 and paragraph (b) as amended by chapter 405 of the  laws  of  2010,
are amended to read as follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in
section 160.15, PROMOTING A SEX OFFENSE AGAINST A CHILD  AS  DEFINED  IN
SECTION 263.35, incest in the first degree as defined in section 255.27,
criminal  possession  of  a  weapon  in  the  first degree as defined in

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

Co-Sponsors

view additional co-sponsors

S746B (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 263.00, add §§263.35 & 263.40, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S3411

S746B (ACTIVE) - Summary

Establishes the class B felony of promoting a sex offense against a child for producing, directing or promoting any visual or audio representation of the commission of a sex offense against a person under the age of 16 years; establishes the class C felony of possessing a sex offense against a child for knowingly possessing any such representation; designates both such felonies as violent felony offenses.

S746B (ACTIVE) - Sponsor Memo

S746B (ACTIVE) - Bill Text download pdf

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

                                 746--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. YOUNG, BONACIC, DeFRANCISCO, LARKIN, MAZIARZ, NOZZO-
  LIO,  O'MARA,  RANZENHOFER,  SALAND,  SEWARD -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee -- recommitted 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 commit-
  tee

AN ACT to amend the penal law, in relation to establishing the  offenses
  of promoting and possessing a sex offense against a child

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

  Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
the penal law, paragraph (a) as amended by chapter 320 of  the  laws  of
2006  and  paragraph  (b) as amended by chapter 148 of the laws of 2011,
are amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined  in section 130.35, criminal sexual act in the first
degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary  in  the  first
degree  as  defined  in  section  140.30,  arson in the second degree as
defined in section 150.15, robbery in the first  degree  as  defined  in

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

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