|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
returned to senate
died in assembly
|May 22, 2013||referred to codes|
delivered to assembly
|May 21, 2013||advanced to third reading|
|May 20, 2013||2nd report cal.|
|May 08, 2013||1st report cal.614|
|Apr 24, 2013||referred to codes|
senate Bill S4791
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4791 - Details
S4791 - Summary
Establishes offenses of sexual assault against a child by a person in a position of trust for the subjection of a child to sexual contact by a person in a position of trust; defines "person in position of trust" as a person charged with the duty or responsibility for health, education, welfare or supervision of a child; provides such offenses in the first and second degrees shall be violent felony offenses.
S4791 - Sponsor Memo
BILL NUMBER:S4791 TITLE OF BILL: An act to amend the penal law, in relation to sexual assault against a child by a person in a position of trust PURPOSE: To increase criminal penalties for sexual contact between a minor and a person in a position of trust. SUMMARY OF PROVISIONS: Article 130 of the NYS Penal Law is amended to add three new crimes in relation to sexual assault of a child by a person in a position of trust. These new crimes are sexual assault against a child by a person in a position of trust in the first, second and third degrees. Also newly defined in Section 130 is "person in a position of trust." EXISTING LAW: There are prohibitions against sexual contact with a minor but the law does not presently increase the penalties with regard to a person in a position of trust. JUSTIFICATION: Parents are not with their children every moment of every day. It is just not possible, nor is it a good idea for the parent or the child. Therefore it is necessary that children are supervised by other adults for various periods of time during the child's life. This could start with a day-care center, a nursery school, school, athletics or group activities.
S4791 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4791 2013-2014 Regular Sessions I N S E N A T E April 24, 2013 ___________ Introduced by Sen. SKELOS -- 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 sexual assault against a child by a person in a position of trust THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (b) and (d) of subdivision 1 of section 70.02 of the penal law, paragraph (b) as amended by chapter 1 of the laws of 2013 and paragraph (d) as amended by chapter 7 of the laws of 2007, are amended to read as follows: (b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggra- vated criminally negligent homicide as defined in section 125.11, aggra- vated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF TRUST IN THE FIRST DEGREE AS DEFINED IN SECTION 130.97, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09689-01-3
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