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Senate Bill S7708

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 Rules Committee

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2017-S7708 (ACTIVE) - Details

See Assembly Version of this Bill:
A8823
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§130.05 & 130.10, Pen L

2017-S7708 (ACTIVE) - Summary

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

2017-S7708 (ACTIVE) - Sponsor Memo

2017-S7708 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7708
 
                             I N  S E N A T E
 
                             February 9, 2018
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 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
 the defendant was married to the victim as defined in  subdivision  four
 of section 130.00 of this article.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13726-04-8

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