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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 - In Senate Committee Codes Committee

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Bill Amendments

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multi-Sponsors

2017-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

2017-A8823 - Summary

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

2017-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

multi-Sponsors

2017-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

2017-A8823A (ACTIVE) - Summary

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

2017-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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