senate Bill S6361

2013-2014 Legislative Session

Includes individuals with a mental defect as a victim under sexual abuse in the first degree

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 21, 2014 referred to codes

S6361 - Bill Details

See Assembly Version of this Bill:
A1501A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §130.65, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S621A, A419A
2009-2010: S6285, A906

S6361 - Bill Texts

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Includes individuals with a mental disease or defect as a victim under sexual abuse in the first degree.

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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).
Both are only D felonies and the penalties imposed for these crimes
are inadequate.

JUSTIFICATION: In a recent court decision (NYS v Maclean) vacated the
jury's verdict of guilty on the felony forcible compulsion count Class
B Felony of Sexual Abuse 1st Degree on the issue of what constitutes
forcible compulsion when a twelve year old, severely handicapped and
disabled girl is sexually abused by an adult. The Penal Law Felony
sanctions and protection are not provided for by current law where the
child/infant does not resist and is incapable of articulating a fear
or threat of death or serious injury as required by the Penal Law
statutory definition of "physical compulsion."

LEGISLATIVE HISTORY: 2011-12: S 621, Referred to Codes 2009-10: S6285
Referred to Codes 2007-08: S.8759 Referred to Rules

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: First day of November next succeeding its enactment.

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                    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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