Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2018 |
committed to rules |
May 07, 2018 |
advanced to third reading |
May 02, 2018 |
2nd report cal. |
May 01, 2018 |
1st report cal.1002 |
Jan 03, 2018 |
referred to codes |
Jun 06, 2017 |
reported and committed to rules |
Jan 26, 2017 |
referred to codes |
Senate Bill S3764
2017-2018 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
co-Sponsors
(R, C, IP) Senate District
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) - Sponsor Memo
BILL NUMBER: S3764 TITLE OF BILL : 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 PURPOSE : This legislation would require a sentence of imprisonment for sex offenses where the victim of the offense lacked the ability to consent due to incapacity SUMMARY OF PROVISIONS : Section one amends section 60.05 of the penal law to add sex offense to the authorized dispositions Section two contains the effective date JUSTIFICATION : This proposal stems from a case in California where a woman was found unconscious behind a dumpster and the convicted rapist faced up to 10 years in prison but served just 3-months of a 6-month sentence. There was public outrage at the fact that this individual would serve such a short sentence for such a heinous act. My office received calls and
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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