senate Bill S3696B

2015-2016 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 24, 2016 print number 3696b
Feb 24, 2016 amend and recommit to codes
Jan 06, 2016 referred to codes
returned to senate
died in assembly
Jun 17, 2015 referred to codes
delivered to assembly
passed senate
Jun 08, 2015 advanced to third reading
amended 3696a
Jun 03, 2015 2nd report cal.
Jun 02, 2015 1st report cal.1304
Feb 13, 2015 referred to codes

Co-Sponsors

S3696 - Details

See Assembly Version of this Bill:
A10135
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§65.00 & 245.00, add §§245.04, 245.06 & 245.09, Pen L; amd §509-cc, V & T L; amd §168-a, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7267
2013-2014: S3805
2017-2018: S2169, A5948
2019-2020: S1316

S3696 - 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.

S3696 - Sponsor Memo

S3696 - Bill Text download pdf

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

                                  3696

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  SERINO -- 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 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 245.04  to  read
as follows:
S 245.04 PUBLIC LEWDNESS IN THE THIRD DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02334-01-5

Co-Sponsors

S3696A - Details

See Assembly Version of this Bill:
A10135
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§65.00 & 245.00, add §§245.04, 245.06 & 245.09, Pen L; amd §509-cc, V & T L; amd §168-a, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7267
2013-2014: S3805
2017-2018: S2169, A5948
2019-2020: S1316

S3696A - 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.

S3696A - Sponsor Memo

S3696A - Bill Text download pdf

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

                                 3696--A
    Cal. No. 1304

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced by Sens. SERINO, MARCHIONE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes -- reported
  favorably  from  said  committee,  ordered to first and second report,
  amended on second report, ordered  to  a  third  reading,  and  to  be
  reprinted  as amended, retaining its place in the order of third read-
  ing

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.

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

Co-Sponsors

S3696B (ACTIVE) - Details

See Assembly Version of this Bill:
A10135
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§65.00 & 245.00, add §§245.04, 245.06 & 245.09, Pen L; amd §509-cc, V & T L; amd §168-a, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7267
2013-2014: S3805
2017-2018: S2169, A5948
2019-2020: S1316

S3696B (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.

S3696B (ACTIVE) - Sponsor Memo

S3696B (ACTIVE) - Bill Text download pdf

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

                                 3696--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced by Sens. SERINO, MARCHIONE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes -- reported
  favorably  from  said  committee,  ordered to first and second report,
  amended on second report, ordered  to  a  third  reading,  and  to  be
  reprinted  as amended, retaining its place in the order of third read-
  ing -- recommitted to the Committee on Codes in accordance 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 and the opening paragraph as amended by chapter 373 of  the
laws of 2015, 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) [(i)] in private premises under circumstances in which  he

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02334-03-6

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