senate Bill S7216A

2017-2018 Legislative Session

Relates to sex offenses

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2018 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1854
committee discharged and committed to rules
Jun 08, 2018 print number 7216a
Jun 08, 2018 amend (t) and recommit to codes
Jan 04, 2018 referred to codes

S7216 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §§210.16, 390.15 & 60.42, CP L; amd §§347.1 & 344.4, Fam Ct Act; amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3112
2011-2012: S3025
2013-2014: S85
2015-2016: S2372
2019-2020: S4268, S4968

S7216 (ACTIVE) - Summary

Relates to sex offenses; defines vaginal sexual contact.

S7216 (ACTIVE) - Sponsor Memo

S7216 (ACTIVE) - Bill Text download pdf


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

                                  7216

                            I N  S E N A T E

                             January 4, 2018
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT  to  amend  the  penal  law,  the  criminal  procedure  law,  the
  correction  law, the social services law, the vehicle and traffic law,
  the family court act, the civil rights law, the civil practice law and
  rules, the agriculture and markets law,  the  judiciary  law  and  the
  domestic  relations  law,  in  relation to sex offenses; and to repeal
  certain provisions of the penal law relating thereto

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

  Section  1.  Sections  130.40,  130.45 and 130.50 of the penal law are
REPEALED.
  § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
sion 2 as amended by chapter 264 of the laws of  2003,  are  amended  to
read as follows:
  1.  "[Sexual  intercourse]  VAGINAL  SEXUAL CONTACT" [has its ordinary
meaning and occurs upon any penetration, however slight]  MEANS  CONDUCT
BETWEEN  PERSONS  CONSISTING OF CONTACT BETWEEN THE PENIS AND THE VAGINA
OR VULVA.
  2. (a) "Oral sexual [conduct] CONTACT" means conduct  between  persons
consisting of contact between the mouth and the penis, the mouth and the
anus, or the mouth and the vulva or vagina.
  (b)  "Anal  sexual  [conduct]  CONTACT"  means conduct between persons
consisting of contact between the penis and anus.
  § 3. Section 130.25 of the penal law, as amended by chapter 1  of  the
laws of 2000, is amended to read as follows:
§ 130.25 Rape in the third degree.
  A person is guilty of rape in the third degree when:
  1.  He  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
with another person who is incapable of consent by reason of some factor
other than being less than seventeen years old;
  2. HE OR SHE ENGAGES IN ORAL SEXUAL CONTACT WITH ANOTHER PERSON WHO IS
INCAPABLE OF CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING LESS THAN
SEVENTEEN YEARS OLD;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

S7216A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §§210.16, 390.15 & 60.42, CP L; amd §§347.1 & 344.4, Fam Ct Act; amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3112
2011-2012: S3025
2013-2014: S85
2015-2016: S2372
2019-2020: S4268, S4968

S7216A (ACTIVE) - Summary

Relates to sex offenses; defines vaginal sexual contact.

S7216A (ACTIVE) - Sponsor Memo

S7216A (ACTIVE) - Bill Text download pdf


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

                                 7216--A

                            I N  S E N A T E

                             January 4, 2018
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the penal law, the criminal procedure law, the family
  court act, and the domestic relations law, in relation to sex offenses

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

  Section  1.    Subdivision  1  of  section  130.00 of the penal law is
amended to read as follows:
  1. "[Sexual intercourse] VAGINAL SEXUAL  CONTACT"  [has  its  ordinary
meaning  and  occurs upon any penetration, however slight] MEANS CONDUCT
BETWEEN PERSONS CONSISTING OF CONTACT BETWEEN THE PENIS AND  THE  VAGINA
OR VULVA.
  §  2.  Section 130.25 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
§ 130.25 Rape in the third degree.
  A person is guilty of rape in the third degree when:
  1. He or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
with another person who is incapable of consent by reason of some factor
other than being less than seventeen years old;
  2.    Being twenty-one years old or more, he or she engages in [sexual
intercourse] VAGINAL SEXUAL CONTACT with another person less than seven-
teen years old; or
  3.  He or she engages in [sexual intercourse] VAGINAL  SEXUAL  CONTACT
with  another  person  without  such person's consent where such lack of
consent is by reason of some factor other than incapacity to consent.
  Rape in the third degree is a class E felony.
  § 3. Section 130.30 of the penal law, as amended by chapter 1  of  the
laws of 2000, is amended to read as follows:
§ 130.30 Rape in the second degree.
  A person is guilty of rape in the second degree when:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04197-07-8

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