assembly Bill A8823A

2017-2018 Legislative Session

Relates to establishing incapacity to consent when a person is under arrest, detention or otherwise in actual custody

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Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 05, 2018 referred to codes
delivered to senate
passed assembly
Feb 01, 2018 advanced to third reading cal.629
Jan 29, 2018 reported
Jan 17, 2018 print number 8823a
Jan 17, 2018 amend (t) and recommit to codes
Jan 03, 2018 referred to codes
Dec 06, 2017 referred to codes

Co-Sponsors

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Multi-Sponsors

A8823 - Details

See Senate Version of this Bill:
S7708
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.05 & 130.10, Pen L

A8823 - Summary

Relates to establishing incapacity to consent when a person is under arrest, detention or otherwise in actual custody.

A8823 - Bill Text download pdf


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

                                  8823

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            December 6, 2017
                               ___________

Introduced  by  M. of A. BRAUNSTEIN, GALEF, GLICK, JAFFEE, M. G. MILLER,
  MOSLEY, ZEBROWSKI, DINOWITZ, SKARTADOS -- Multi-Sponsored by -- M.  of
  A. CROUCH -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the penal law, in relation to establishing a lack of
  consent for a person in custody to engage in  sexual  contact  with  a
  police officer or peace officer

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 130.05 of the penal law is amended
by adding a new paragraph (j) to read as follows:
  (J) IN CUSTODY OR SUBJECT TO POLICE  ACTIVITY  BY  A  STATE  OR  LOCAL
POLICE  OR  PEACE  OFFICER,  AND SUCH OFFICER SHOULD REASONABLY KNOW THE
PERSON IS UNDER SUCH CUSTODY OR POLICE ACTIVITY. FOR  PURPOSES  OF  THIS
PARAGRAPH,  "CUSTODY" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVI-
SION TWO OF SECTION TWO HUNDRED FIVE OF THIS PART; AND "POLICE ACTIVITY"
SHALL MEAN ANY ACTIVITY BY AN OFFICER ACTING UNDER THE COLOR OF LAW.
  § 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13726-01-7

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A8823A (ACTIVE) - Details

See Senate Version of this Bill:
S7708
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.05 & 130.10, Pen L

A8823A (ACTIVE) - Summary

Relates to establishing incapacity to consent when a person is under arrest, detention or otherwise in actual custody.

A8823A (ACTIVE) - Bill Text download pdf


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

                                 8823--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            December 6, 2017
                               ___________

Introduced  by  M. of A. BRAUNSTEIN, GALEF, GLICK, JAFFEE, M. G. MILLER,
  MOSLEY, ZEBROWSKI, DINOWITZ, SKARTADOS, GOTTFRIED  --  Multi-Sponsored
  by  --  M.  of A. CROUCH -- read once and referred to the Committee on
  Codes -- recommitted to the Committee  on  Codes  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to establishing incapacity to
  consent  when  a  person is under arrest, in detention or otherwise in
  actual custody

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 130.05 of the penal law is amended
by adding a new paragraph (j) to read as follows:
  (J) UNDER ARREST, IN DETENTION OR OTHERWISE IN THE ACTUAL CUSTODY OF A
POLICE  OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT OFFICIAL AND THE
ACTOR IS A POLICE OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT  OFFI-
CIAL  WHO  EITHER:  (I)  IS RESPONSIBLE FOR EFFECTING THE ARREST OF SUCH
PERSON OR MAINTAINING SUCH PERSON IN DETENTION  OR  ACTUAL  CUSTODY;  OR
(II)  KNOWS,  OR  REASONABLY SHOULD KNOW, THAT SUCH PERSON IS UNDER SUCH
ARREST, DETENTION OR ACTUAL CUSTODY.
  § 2. Subdivision 4 of section 130.10 of the penal law, as  amended  by
chapter 205 of the laws of 2011, is amended to read as follows:
  4. In any prosecution under this article in which the victim's lack of
consent  is  based solely on his or her incapacity to consent because he
or she was less than seventeen years old, mentally disabled, a client or
patient and the actor is  a  health  care  provider,  UNDER  ARREST,  IN
DETENTION  OR  OTHERWISE  IN ACTUAL CUSTODY OF LAW ENFORCEMENT UNDER THE
CIRCUMSTANCES DESCRIBED IN PARAGRAPH (J) OF SUBDIVISION THREE OF SECTION
130.05 OF THIS ARTICLE, or committed to the care and custody  or  super-
vision  of the state department of corrections and community supervision
or a hospital and the actor is an employee, it shall be a  defense  that

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

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