Senate Bill S3764

2017-2018 Legislative Session

Relates to requiring a sentence of imprisonment for sex offenses where the victim of the offense lacked the ability to consent due to incapacity

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S3764 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §60.05, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S1267

2017-S3764 (ACTIVE) - Summary

Relates to requiring a sentence of imprisonment for sex offenses where the victim of the offense lacked the ability to consent due to incapacity.

2017-S3764 (ACTIVE) - Sponsor Memo

2017-S3764 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3764
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- 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 requiring  a  sentence  of
   imprisonment  for  sex offenses where the victim of the offense lacked
   the ability to consent due to incapacity

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 60.05 of the penal law, as amended by chapter 410
 of the laws of 1979, the section heading, subdivisions 2,  3  and  4  as
 amended  by chapter 738 of the laws of 2004, subdivision 1 as amended by
 chapter 7 of the laws of 2007, and subdivision 5 as amended  by  chapter
 405 of the laws of 2010, is amended to read as follows:
 § 60.05 Authorized dispositions; other class A, B, certain C and D felo-
           nies, SEX OFFENSES and multiple felony offenders.
   1.  Applicability. Except as provided in section 60.04 of this article
 governing the authorized  dispositions  applicable  to  felony  offenses
 defined  in article two hundred twenty or two hundred twenty-one of this
 chapter or in section 60.13 of this  article  governing  the  authorized
 dispositions  applicable to felony sex offenses defined in paragraph (a)
 of subdivision one of section 70.80 of this title,  this  section  shall
 govern the dispositions authorized when a person is to be sentenced upon
 a  conviction  of a class A felony, a class B felony or a class C, class
 D, or class E felony, OR SEX OFFENSE specified herein, or when a  person
 is  to  be  sentenced upon a conviction of a felony as a multiple felony
 offender.
   2. Class A felony. Except as provided in subdivisions three  and  four
 of  section  70.06  of this chapter, every person convicted of a class A
 felony must be sentenced to  imprisonment  in  accordance  with  section
 70.00  of  this  title, unless such person is convicted of murder in the
 first degree and is sentenced in accordance with section 60.06  of  this
 article.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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