Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Sep 21, 2012 |
referred to rules |
Senate Bill S7848
2011-2012 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Actions
co-Sponsors
(D, IP) Senate District
(D) Senate District
(D) Senate District
2011-S7848 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Penal Law
- Laws Affected:
- Add §130.73, Pen L; amd §168-a, Cor L
2011-S7848 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7848 TITLE OF BILL: An act to amend the penal law and the correction law, in relation to aggravated sexual contact in the first degree PURPOSE: To create the penalty of aggravated sexual contact in the third degree as a class B felony. SUMMARY OF PROVISIONS: Adds a new section 130.73 of the penal law creating aggravated sexual contact in the first degree. EXISTING LAW: The acts covered under this new law currently only carry misdemeanor punishments, this law seeks to codify these acts in its own section of law and raise the penalty to a felony level. JUSTIFICATION: A recent Court of Appeals decision allowed a chronic pervert who mastur- bated on three subway riders off without prison time. Although the District Attorney sought felony charges, the state's highest court threw out the felony charges because there was no proof the victim felt threatened with violence, resulting in only a misdemeanor sex abuse charge carrying a maximum of three months.
2011-S7848 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7848 I N S E N A T E September 21, 2012 ___________ Introduced by Sens. SAVINO, VALESKY, KLEIN, CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law and the correction law, in relation to aggravated sexual contact in the first degree 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 a new section 130.73 to read as follows: S 130.73 AGGRAVATED SEXUAL CONTACT IN THE FIRST DEGREE. A PERSON IS GUILTY OF AGGRAVATED SEXUAL CONTACT IN THE FIRST DEGREE WHEN HE OR SHE TOUCHES, RUBS, OR IS IN CLOSE PHYSICAL CONTACT, CLOTHED OR UNCLOTHED, TO ANOTHER PERSON FOR THE PURPOSE OF GRATIFYING SEXUAL DESIRE BY THE ACTOR, AS WELL AS THE EMISSION OF EJACULATE BY THE ACTOR UPON ANY PART OF THE VICTIM: 1. WHEN THE OTHER PERSON IS INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY HELPLESS, POWERLESS TO MOVE OR WHILE A PASSENGER ON PUBLIC TRANSPORTATION; OR 2. WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD. AGGRAVATED SEXUAL CONTACT IN THE FIRST DEGREE IS A CLASS B FELONY. S 2. Subparagraph (i) of 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: (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, 130.73, 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 S 3. This act shall take effect on the sixtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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