NY State Senate Bill 2019-S4968

Archive: Last Bill Status - In Senate Committee Codes 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Apr 02, 2019	referred to codes

2019-S4968 (ACTIVE) - Details

Current Committee:: Senate 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
2017-2018: S2263, S7216
2021-2022: S4751, S4936
2023-2024: S5873, S7343

2019-S4968 (ACTIVE) - Summary

Relates to sex offenses; defines vaginal sexual contact.

2019-S4968 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4968

SPONSOR: PARKER
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the penal law to remove the penetration requirement from the
rape statutes as well as to define rape as sexual intercourse, oral
sexual conduct, or anal sexual conduct.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill removes the penetration requirement from the rape statutes,
redefines rape to include oral and anal sexual conduct within the defi-
nition of rape and makes conforming changes throughout various areas of
law.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill removes the penetration requirement from the rape statutes and
redefines rape include oral and anal sexual conduct within the defi-
nition of rape.

 
JUSTIFICATION:

On March 28, 2012, a Justice of the New York State Supreme Court
declared a mistrial on the rape charge against former New York City
Police Officer Michael Pena. Pena was convicted of several other charges
for holding the schoolteacher at gunpoint, threatening her life and
forcibly sodomizing her. Pena was not convicted of rape despite over-
whelming evidence of forcible, nonconsensual sexual conduct with a Bronx
school teacher, It is galling that in the face of evidence of the
defendant's semen in the victim's underwear, redness to her genitals,
eyewitness testimony and the victim's own account of the pain of the
attack, Pena was not convicted of the top count of rape. Common sense
dictates that what happened to the victim in this case is rape.

This bill will redefine rape to include, oral and anal sexual conduct,
which are now referred to as "criminal sexual act," so that these other
forms of sexual assault are recognized by the law as rape.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: A7216A - Passed the Senate

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law and shall apply to any offense on or after such effective
date. As it pertains to the repealed sections of law, nothing in this
act shall affect a requirement to register pursuant to article 6-C of
the correction law; a lawfully required disclosure of a conviction; any
restriction or prohibition for certain types of employment, housing, or
government benefit; or any other ongoing matter related to a conviction
of the sections repealed in this act.

2019-S4968 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4968
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 2, 2019
                                ___________
 
 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  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.
                                                            LBD01481-04-9

 S. 4968                             2
 
   1. being eighteen years old or more, he  or  she  engages  in  [sexual
 intercourse]  VAGINAL  SEXUAL  CONTACT  with  another  person  less than
 fifteen years old; or
   2.    he or she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
 with another person who is incapable  of  consent  by  reason  of  being
 mentally disabled or mentally incapacitated.
   It  shall be an affirmative defense to the crime of rape in the second
 degree as defined in subdivision one of this section that the  defendant
 was less than four years older than the victim at the time of the act.
   Rape in the second degree is a class D felony.
   §  4.  Section 130.35 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 130.35 Rape in the first degree.
   A person is guilty of rape in the first degree when he or she  engages
 in [sexual intercourse] VAGINAL SEXUAL CONTACT with another person:
   1. By forcible compulsion; or
   2. Who is incapable of consent by reason of being physically helpless;
 or
   3. Who is less than eleven years old; or
   4. Who is less than thirteen years old and the actor is eighteen years
 old or more.
   Rape in the first degree is a class B felony.
   § 5. Subdivision 1 of section 210.16 of the criminal procedure law, as
 added by chapter 571 of the laws of 2007, is amended to read as follows:
   1.  (a)  In a case where an indictment or a superior court information
 has been filed with a superior court which charges the defendant with  a
 felony  offense  enumerated in any section of article one hundred thirty
 of the penal law where an act of "[sexual  intercourse]  VAGINAL  SEXUAL
 CONTACT", "oral sexual conduct" or "anal sexual conduct," as those terms
 are defined in section 130.00 of the penal law, is required as an essen-
 tial element for the commission thereof, the court shall, upon a request
 of the victim within six months of the date of the crimes charged, order
 that  the defendant submit to human immunodeficiency virus (HIV) related
 testing. Testing of a defendant shall be ordered when the  result  would
 provide  medical benefit to the victim or a psychological benefit to the
 victim. Medical benefit shall be found when the following  elements  are
 satisfied:  (i)  a  decision  is pending about beginning, continuing, or
 discontinuing a medical intervention for the victim; and (ii) the result
 of an HIV test of the accused could  affect  that  decision,  and  could
 provide  relevant  information beyond that which would be provided by an
 HIV test of the victim. If testing the defendant would  provide  medical
 benefit to the victim or a psychological benefit to the victim, then the
 testing  is  to  be conducted by a state, county, or local public health
 officer designated by the  order.  Test  results,  which  shall  not  be
 disclosed  to  the court, shall be communicated to the defendant and the
 victim named in the order in accordance with the provisions  of  section
 twenty-seven hundred eighty-five-a of the public health law.
   (b)  For  the purposes of this section, the terms "victim" and "appli-
 cant" mean the person with whom the defendant is charged to have engaged
 in an act of "[sexual intercourse] VAGINAL SEXUAL CONTACT", "oral sexual
 conduct" or "anal sexual conduct", as those terms are defined in section
 130.00 of the penal law, where such conduct with  such  victim  was  the
 basis  for charging the defendant with an offense specified in paragraph
 (a) of this subdivision.

 S. 4968                             3
 
   § 6. Subdivision 1 of section 390.15 of the criminal procedure law, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   1.  (a)  In  any  case  where  the  defendant is convicted of a felony
 offense enumerated in any section of article one hundred thirty  of  the
 penal  law,  or  any subdivision of section 130.20 of such law, where an
 act of "[sexual  intercourse]  VAGINAL  SEXUAL  CONTACT",  "oral  sexual
 conduct" or "anal sexual conduct," as those terms are defined in section
 130.00  of  the  penal  law, is required as an essential element for the
 commission thereof, the court must, upon a request of the victim,  order
 that  the defendant submit to human immunodeficiency (HIV) related test-
 ing. The testing is to be conducted by a state, county, or local  public
 health officer designated by the order. Test results, which shall not be
 disclosed  to  the court, shall be communicated to the defendant and the
 victim named in the order in accordance with the provisions  of  section
 twenty-seven  hundred  eighty-five-a  of the public health law, but such
 results and disclosure need not be completed prior to the imposition  of
 sentence.
   (b)   For  the  purposes  of  this  section,  the  terms  "defendant",
 "conviction" and "sentence" mean and include, respectively, an "eligible
 youth," a "youthful offender finding" and a "youthful offender sentence"
 as those terms are defined in section 720.10 of this chapter.  The  term
 "victim"  means  the person with whom the defendant engaged in an act of
 "[sexual intercourse] VAGINAL SEXUAL CONTACT", "oral sexual conduct"  or
 "anal  sexual  conduct", as those terms are defined in section 130.00 of
 the penal law, where such conduct with such victim was the basis for the
 defendant's conviction of an offense specified in paragraph (a) of  this
 subdivision.
   §  7.  Subdivision  1  of  section  347.1  of the family court act, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   1.  (a)  In  any  proceeding where the respondent is found pursuant to
 section 345.1 or 346.1 of this  article,  to  have  committed  a  felony
 offense  enumerated  in any section of article one hundred thirty of the
 penal law, or any subdivision of section 130.20 of such law,  for  which
 an  act  of  "[sexual intercourse] VAGINAL SEXUAL CONTACT", "oral sexual
 conduct" or "anal sexual conduct", as those terms are defined in section
 130.00 of the penal law, is required as an  essential  element  for  the
 commission  thereof, the court must, upon a request of the victim, order
 that the respondent submit to human immunodeficiency (HIV) related test-
 ing. The testing is to be conducted by a state, county, or local  public
 health officer designated by the order. Test results, which shall not be
 disclosed  to the court, shall be communicated to the respondent and the
 victim named in the order in accordance with the provisions  of  section
 twenty-seven hundred eighty-five-a of the public health law.
   (b)  For  the  purposes  of  this section, the term "victim" means the
 person with whom the respondent engaged in an  act  of  "[sexual  inter-
 course]  VAGINAL  SEXUAL CONTACT", "oral sexual conduct" or "anal sexual
 conduct", as those terms are defined in section 130.00 of the penal law,
 where such conduct with such victim was the basis for the court's  find-
 ing  that  the respondent committed acts constituting one or more of the
 offenses specified in paragraph (a) of this subdivision.
   § 8. Subdivision (a) of section 130.16 of the penal law, as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   (a) Establish that an attempt was made to engage the victim in [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual  conduct,  anal  sexual

 S. 4968                             4
 
 conduct,  or  sexual  contact,  as  the  case may be, at the time of the
 occurrence; and
   §  9.  Subdivision 1 of section 130.20 of the penal law, as amended by
 chapter 1 of the laws of 2000, is amended to read as follows:
   1. He or she engages in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT
 with another person without such person's consent; or
   § 10. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
 penal law, as amended by chapter 264 of the laws of 2003, are amended to
 read as follows:
   (a)  he  or  she  engages in two or more acts of sexual conduct, which
 includes at  least  one  act  of  [sexual  intercourse]  VAGINAL  SEXUAL
 CONTACT,  oral  sexual conduct, anal sexual conduct or aggravated sexual
 contact, with a child less than eleven years old; or
   (b) he or she, being eighteen years old or more,  engages  in  two  or
 more  acts  of sexual conduct, which include at least one act of [sexual
 intercourse] VAGINAL SEXUAL CONTACT, oral sexual  conduct,  anal  sexual
 conduct  or  aggravated  sexual contact, with a child less than thirteen
 years old.
   § 11. Subdivision 1 of section 235.00 of the penal law, as amended  by
 chapter 264 of the laws of 2003, is amended to read as follows:
   1.  "Obscene."  Any  material  or  performance is "obscene" if (a) the
 average person, applying contemporary community  standards,  would  find
 that  considered  as  a whole, its predominant appeal is to the prurient
 interest in sex, and (b) it depicts or describes in a patently offensive
 manner,  actual  or  simulated:  [sexual  intercourse]  VAGINAL   SEXUAL
 CONTACT,  criminal  sexual act, sexual bestiality, masturbation, sadism,
 masochism, excretion or lewd exhibition of the genitals, and (c) consid-
 ered as a whole, it lacks serious  literary,  artistic,  political,  and
 scientific  value.  Predominant appeal shall be judged with reference to
 ordinary adults unless it appears from the character of the material  or
 the  circumstances  of  its dissemination to be designed for children or
 other [specially] ESPECIALLY susceptible audience.
   § 12. Subdivision 2 of section 235.22 of the penal law, as amended  by
 chapter 264 of the laws of 2003, is amended to read as follows:
   2.  by means of such communication he importunes, invites or induces a
 minor to engage in [sexual intercourse]  VAGINAL  SEXUAL  CONTACT,  oral
 sexual conduct or anal sexual conduct, or sexual contact with him, or to
 engage  in  a  sexual performance, obscene sexual performance, or sexual
 conduct for his benefit.
   § 13. Section 255.25 of the penal law, as amended by  chapter  320  of
 the laws of 2006, is amended to read as follows:
 § 255.25 Incest in the third degree.
   A  person  is  guilty  of  incest  in  the third degree when he or she
 marries or engages in [sexual intercourse] VAGINAL SEXUAL CONTACT,  oral
 sexual conduct or anal sexual conduct with a person whom he or she knows
 to  be  related  to  him  or her, whether through marriage or not, as an
 ancestor, descendant, brother or sister of either the whole or the  half
 blood, uncle, aunt, nephew or niece.
   Incest in the third degree is a class E felony.
   §  14. Subdivision 3 of section 263.00 of the penal law, as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   3. "Sexual conduct" means actual  or  simulated  [sexual  intercourse]
 VAGINAL SEXUAL CONTACT, oral sexual conduct, anal sexual conduct, sexual
 bestiality,  masturbation, sado-masochistic abuse, or lewd exhibition of
 the genitals.

 S. 4968                             5
 
   § 15. Subdivision 3 of section 60.42 of the criminal procedure law, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   3. rebuts evidence introduced by the people of the victim's failure to
 engage  in  [sexual  intercourse]  VAGINAL  SEXUAL  CONTACT, oral sexual
 conduct, anal sexual conduct or sexual contact during a given period  of
 time; or
   §  16.  Subdivision  3  of  section  344.4 of the family court act, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   3.  rebuts  evidence  introduced  by  the  presentment  agency  of the
 victim's failure  to  engage  in  [sexual  intercourse]  VAGINAL  SEXUAL
 CONTACT,  oral  sexual  conduct,  anal  sexual conduct or sexual contact
 during a given period of time; or
   § 17. Subdivision 4 of section 170 of the domestic relations  law,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   (4) The commission of an act of adultery, provided that  adultery  for
 the  purposes  of articles ten, eleven, and eleven-A of this chapter, is
 hereby defined as the commission of an act of [sexual intercourse] VAGI-
 NAL SEXUAL CONTACT, oral sexual conduct or anal sexual  conduct,  volun-
 tarily  performed  by the defendant, with a person other than the plain-
 tiff after the marriage of plaintiff and defendant. Oral sexual  conduct
 and  anal sexual conduct include, but are not limited to, sexual conduct
 as defined in subdivision two of section 130.00 and subdivision three of
 section 130.20 of the penal law.
   § 18. Subdivision 4 of section 200 of the domestic relations  law,  as
 amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
 follows:
   4. The commission of an act of adultery by the defendant; except where
 such offense is committed by the procurement or with the  connivance  of
 the  plaintiff  or  where there is voluntary cohabitation of the parties
 with the knowledge of the offense or  where  action  was  not  commenced
 within  five  years  after the discovery by the plaintiff of the offense
 charged or where the plaintiff has also been guilty  of  adultery  under
 such circumstances that the defendant would have been entitled, if inno-
 cent,  to  a  divorce,  provided  that adultery for the purposes of this
 subdivision is hereby defined as the commission of  an  act  of  [sexual
 intercourse]  VAGINAL SEXUAL CONTACT, oral sexual conduct or anal sexual
 conduct, voluntarily performed by the defendant,  with  a  person  other
 than  the  plaintiff after the marriage of plaintiff and defendant. Oral
 sexual conduct and anal sexual conduct include, but are not limited  to,
 sexual  conduct  as  defined  in  subdivision  two of section 130.00 and
 subdivision three of section 130.20 of the penal law.
   § 19. This act shall take effect on the ninetieth day after  it  shall
 have become a law and shall apply to any offense on or after such effec-
 tive date.

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Senate Bill S4968

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S4968 (ACTIVE) - Details

2019-S4968 (ACTIVE) - Summary

2019-S4968 (ACTIVE) - Sponsor Memo

2019-S4968 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4968

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S4968 (ACTIVE) - Details

2019-S4968 (ACTIVE) - Summary

2019-S4968 (ACTIVE) - Sponsor Memo

2019-S4968 (ACTIVE) - Bill Text download pdf

Comments