|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 21, 2014||referred to codes|
senate Bill S6361
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6361 - Details
S6361 - Summary
Includes individuals with a mental disease or defect as a victim under sexual abuse in the first degree.
S6361 - Sponsor Memo
BILL NUMBER:S6361 TITLE OF BILL: An act to amend the penal law, in relation to including individuals with a mental defect as a victim under sexual abuse in the first degree PURPOSE: The purpose of this legislation is amend sexual abuse in the first degree to include a victim's mental disability as grounds for this felony charge. SUMMARY OF PROVISIONS: Section 1 adds a new subdivision 5 to Section 130.65 of the penal law, as amended by chapter 26 of the laws of 2011. The new subdivision 5 reads: When the other person has a mental disease or defect. Section 2 sets the effective date to begin on the 90th day after becoming law. EXISTING LAW: New York law does not sufficiently protect our mentally disabled population with respect to sexual abuse. It is only a misdemeanor to sexually abuse a mentally disabled person (Sexual Abuse in the Second Degree, Penal Law § 130.60(1). The crime is only a felony if the person is 1) less than eleven years old; 2) is physically helpless; or 3) forcible compulsion is used. Rape in the Second Degree, Penal Law § 130.30(2) makes it a felony to rape or engage in a criminal sexual act with a mentally disabled individual and Criminal Sexual Act in the second Degree, penal Law § 130.45(2).
S6361 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6361 I N S E N A T E January 21, 2014 ___________ Introduced by Sen. CARLUCCI -- 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 including individuals with a mental defect as a victim under sexual abuse in the first degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 130.65 of the penal law, as amended by chapter 26 of the laws of 2011, is amended and a new subdivi- sion 5 is added to read as follows: 4. When the other person is less than thirteen years old and the actor is twenty-one years old or older[.]; OR 5. WHEN THE OTHER PERSON HAS A MENTAL DISEASE OR DEFECT. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02375-02-3
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