senate Bill S2518B

2013-2014 Legislative Session

Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2014 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1597
committee discharged and committed to rules
Jun 16, 2014 print number 2518b
amend and recommit to codes
Jan 08, 2014 referred to codes
Jun 13, 2013 print number 2518a
amend (t) and recommit to codes
Jan 18, 2013 referred to codes

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S2518 - Bill Details

See Assembly Version of this Bill:
A2093B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §130.65, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S7848

S2518 - Bill Texts

view summary

Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation and the contact was intentional and with the sole purpose of sexual gratification.

view sponsor memo
BILL NUMBER:S2518

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 masturbated 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
misdemeanor sex abuse charge carrying a maximum of three months.

These subway "grinders" as they are euphemistically referred to by law
enforcement are sexual deviants who prey upon victims who are going
about their daily commute and have no means of escape. This law seeks
to raise these acts to a felony status and upon conviction under this
law offenders will be required hen the NYS Sex Offender Registry.

LEGISLATIVE HISTORY: 2012 Session - New Bill - referred to Rules
Committee

FISCAL IMPLICATIONS: None

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

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

                                  2518

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced  by  Sens. SAVINO, KLEIN, CARLUCCI, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01282-01-3

S. 2518                             2

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.

Co-Sponsors

S2518A - Bill Details

See Assembly Version of this Bill:
A2093B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §130.65, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S7848

S2518A - Bill Texts

view summary

Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation and the contact was intentional and with the sole purpose of sexual gratification.

view sponsor memo
BILL NUMBER:S2518A

TITLE OF BILL: An act to amend the penal law, in relation to sexual
abuse in the first degree where a person is incapable of consent while
a passenger on public transportation

PURPOSE: To create the penalty of aggravated sexual contact in the
third degree as a class B felony.

SUMMARY OF PROVISIONS: Adds a new subdivision 2-a to 130.65 of the
penal law creating aggravated sexual contact in the first degree when
a person is incapable of consent while a passenger on public
transportation.

EXISTING LAW: The acts covered under this new law currently only
carry misdemeanor punishments, this law seeks to spell out these acts
as a specific felony when committed on public transportation. Makes it
a class D felony.

JUSTIFICATION: A recent Court of Appeals decision allowed a chronic
pervert who masturbated 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.

These subway "grinders" as they are euphemistically referred to by law
enforcement are sexual deviants who prey upon victims who are going
about their daily commute and have no means of escape.This law seeks
to raise these acts to a D felony status and upon conviction.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

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

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

                                 2518--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced  by  Sens. SAVINO, KLEIN, CARLUCCI, VALESKY -- 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 sexual abuse in the  first
  degree  where  a  person  is incapable of consent while a passenger on
  public transportation

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

  Section 1.  Section 130.65 of the penal law is amended by adding a new
subdivision 2-a to read as follows:
  2-A.  WHEN  THE OTHER PERSON IS INCAPABLE OF CONSENT WHILE A PASSENGER
ON PUBLIC TRANSPORTATION; OR
  S 2. 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
                      [ ] is old law to be omitted.
                                                           LBD01282-06-3

Co-Sponsors

S2518B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2093B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §130.65, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S7848

S2518B (ACTIVE) - Bill Texts

view summary

Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation and the contact was intentional and with the sole purpose of sexual gratification.

view sponsor memo
BILL NUMBER:S2518B

TITLE OF BILL: An act to amend the penal law, in relation to sexual
abuse in the first degree where a person is incapable of consent while a
passenger on public transportation

PURPOSE: To create the penalty of aggravated sexual contact in the
third degree as a class B felony.

SUMMARY OF PROVISIONS: Amends section 130.65 of the penal law - making
it sexual abuse in the 1st degree if a person intentionally comes in
sexual contact and with the sole purpose of sexual gratification without
the consent of the other person while a passenger on public transporta-
tion.

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 masturbated on three subway riders off without prison time.
Although the District Attorney sought felony charges, the state's high-
est 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.

These subway "grinders" as they are euphemistically referred to by law
enforcement are sexual deviants who prey upon victims who are going
about their daily commute and have no means of escape. This law seeks to
raise these acts to a felony status and upon conviction under this law
offenders will be required be placed on the NYS Sex Offender Registry.

LEGISLATIVE HISTORY: 2012 Session - New Bill - referred to Riles
Committee

FISCAL IMPLICATIONS: None

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

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

                                 2518--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced  by  Sens. SAVINO, KLEIN, CARLUCCI, VALESKY -- 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 -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the penal law, in relation to sexual abuse in the  first
  degree  where  a  person  is incapable of consent while a passenger on
  public transportation

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

  Section 1.  Section 130.65 of the penal law is amended by adding a new
subdivision 2-a to read as follows:
  2-A. INTENTIONALLY, AND WITH THE SOLE PURPOSE OF SEXUAL GRATIFICATION,
AND  WITHOUT THE CONSENT OF THE OTHER PERSON WHILE A PASSENGER ON PUBLIC
TRANSPORTATION; OR
  S 2. 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
                      [ ] is old law to be omitted.
                                                           LBD01282-10-4

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