senate Bill S3805A

2013-2014 Legislative Session

Designates public lewdness as public lewdness in the fourth degree and establishes the class E felony of public lewdness in the second degree for multiple offenses

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Sponsored By

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 (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2014 referred to codes
delivered to assembly
passed senate
Jun 11, 2014 ordered to third reading cal.1323
committee discharged and committed to rules
May 29, 2014 print number 3805a
amend and recommit to codes
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Apr 16, 2013 referred to codes
delivered to assembly
passed senate
Mar 21, 2013 advanced to third reading
Mar 20, 2013 2nd report cal.
Mar 19, 2013 1st report cal.262
Feb 19, 2013 referred to codes

Votes

view votes

Jun 11, 2014 - Rules committee Vote

S3805A
19
3
committee
19
Aye
3
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

Mar 19, 2013 - Codes committee Vote

S3805
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

S3805 - Details

See Assembly Version of this Bill:
A8270A
Law Section:
Penal Law
Laws Affected:
Amd §§65.00 & 245.00, add §§245.03, 245.06 & 245.09, Pen L; amd §509-cc, V & T L; amd §168-a, Cor L
Versions Introduced in 2011-2012 Legislative Session:
S7267, A10370

S3805 - Summary

Designates public lewdness as public lewdness in the fourth degree and establishes the class A misdemeanor of public lewdness in the third degree and the class E felony of public lewdness in the second degree for committing public lewdness in the third degree after having been previously convicted of such offense within the preceding ten years; establishes the class D felony of public lewdness in the first degree for committing public lewdness in the third degree and such crime is committed at a time or place where a child under the age of 14 is likely to be present; provides for a permanent disqualification from being a school bus driver upon conviction of public lewdness in the first, second or third degree; and designates public lewdness in the first degree as a sex offense for purposes of sex offender registration.

S3805 - Sponsor Memo

S3805 - Bill Text download pdf

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

                                  3805

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 19, 2013
                               ___________

Introduced  by  Sens. ZELDIN, FLANAGAN, LARKIN -- 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 public lewdness; to  amend
  the  vehicle  and traffic law, in relation to designating public lewd-
  ness in the first degree as an  offense  which  results  in  permanent
  disqualification  as a bus driver; and to amend the correction law, in
  relation to designating public lewdness in the first degree as  a  sex
  offense for purposes of the sex offender registration

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

  Section 1. Paragraph (c) of subdivision 3  of  section  65.00  of  the
penal  law, as amended by chapter 568 of the laws of 2004, is amended to
read as follows:
  (c) For a class B misdemeanor, the period of probation  shall  be  one
year,  except the period of probation shall be no less than one year and
no more than three years for the class B misdemeanor of public  lewdness
IN THE THIRD DEGREE as defined in section 245.00 of this chapter;
  S 2. Section 245.00 of the penal law, as amended by chapter 748 of the
laws of 1968, is amended to read as follows:
S 245.00 Public lewdness IN THE THIRD DEGREE.
  A  person  is guilty of public lewdness IN THE THIRD DEGREE when he OR
SHE intentionally exposes the private or intimate parts of  his  OR  HER
body  in  a  lewd  manner  or commits any other lewd act (a) in a public
place, or (b) in private premises under circumstances in which he OR SHE
may readily be observed from either a public place or from other private
premises, and with intent that he OR SHE be so observed.
  Public lewdness IN THE THIRD DEGREE is a class B misdemeanor.
  S 3. The penal law is amended by adding a new section 245.03  to  read
as follows:
S 245.03 PUBLIC LEWDNESS IN THE SECOND DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04787-03-3

Co-Sponsors

S3805A (ACTIVE) - Details

See Assembly Version of this Bill:
A8270A
Law Section:
Penal Law
Laws Affected:
Amd §§65.00 & 245.00, add §§245.03, 245.06 & 245.09, Pen L; amd §509-cc, V & T L; amd §168-a, Cor L
Versions Introduced in 2011-2012 Legislative Session:
S7267, A10370

S3805A (ACTIVE) - Summary

Designates public lewdness as public lewdness in the fourth degree and establishes the class A misdemeanor of public lewdness in the third degree and the class E felony of public lewdness in the second degree for committing public lewdness in the third degree after having been previously convicted of such offense within the preceding ten years; establishes the class D felony of public lewdness in the first degree for committing public lewdness in the third degree and such crime is committed at a time or place where a child under the age of 14 is likely to be present; provides for a permanent disqualification from being a school bus driver upon conviction of public lewdness in the first, second or third degree; and designates public lewdness in the first degree as a sex offense for purposes of sex offender registration.

S3805A (ACTIVE) - Sponsor Memo

S3805A (ACTIVE) - Bill Text download pdf

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

                                 3805--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 19, 2013
                               ___________

Introduced  by Sens. ZELDIN, FLANAGAN, GOLDEN, LARKIN, MARCHIONE -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance 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 public lewdness; to amend
  the vehicle and traffic law, in relation to designating  public  lewd-
  ness  in  the  first  degree  as an offense which results in permanent
  disqualification as a bus driver; and to amend the correction law,  in
  relation  to  designating public lewdness in the first degree as a sex
  offense for purposes of the sex offender registration

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

  Section  1.  Paragraph  (c)  of  subdivision 3 of section 65.00 of the
penal law, as amended by chapter 568 of the laws of 2004, is amended  to
read as follows:
  (c)  For  a  class B misdemeanor, the period of probation shall be one
year, except the period of probation shall be no less than one year  and
no  more than three years for the class B misdemeanor of public lewdness
IN THE FOURTH DEGREE as defined in section 245.00 of this chapter;
  S 2. Section 245.00 of the penal law, as amended by chapter 748 of the
laws of 1968, is amended to read as follows:
S 245.00 Public lewdness IN THE FOURTH DEGREE.
  A person is guilty of public lewdness IN THE FOURTH DEGREE when he  OR
SHE  intentionally  exposes  the private or intimate parts of his OR HER
body in a lewd manner or commits any other lewd  act  (a)  in  a  public
place, or (b) in private premises under circumstances in which he OR SHE
may readily be observed from either a public place or from other private
premises, and with intent that he OR SHE be so observed.
  Public lewdness IN THE FOURTH DEGREE is a class B misdemeanor.
  S  3.  The penal law is amended by adding a new section 245.03 to read
as follows:
S 245.03 PUBLIC LEWDNESS IN THE THIRD DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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