senate Bill S6679A

2019-2020 Legislative Session

Prohibits the use of intoxication of the victim as a defense in sex crimes

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 02, 2019 print number 6679a
Oct 02, 2019 amend (t) and recommit to rules
Aug 30, 2019 referred to rules

Co-Sponsors

S6679 - Details

See Assembly Version of this Bill:
A8634
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§15.05, 15.25, 130.00 & 130.05, Pen L

S6679 - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes; amends the definition of "mentally incapacitated" in article 130 of the penal law to include persons who are voluntarily intoxicated.

S6679 - Sponsor Memo

S6679 - Bill Text download pdf


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

                                  6679

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             August 30, 2019
                               ___________

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

AN ACT to amend the penal law, in relation to  prohibiting  the  use  of
  evidence  of  a  voluntarily intoxicated victim in any criminal charge
  for sex crimes

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

  Section  1. Subdivision 3 of section 15.05 of the penal law is amended
to read as follows:
  3. "Recklessly." A person acts recklessly with respect to a result  or
to  a  circumstance described by a statute defining an offense when [he]
SUCH PERSON is aware of and consciously  disregards  a  substantial  and
unjustifiable risk that such result will occur or that such circumstance
exists. The risk must be of such nature and degree that disregard there-
of  constitutes  a  gross  deviation from the standard of conduct that a
reasonable person would observe in the situation.  A person who  creates
such a risk but is unaware thereof solely by reason of voluntary intoxi-
cation  also  acts  recklessly  with respect thereto; PROVIDED, HOWEVER,
THAT INTOXICATION OF A VICTIM IS NOT A DEFENSE TO ANY CRIMINAL CHARGE OF
ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER. VOLUNTARY INTOXICATION OF  A
VICTIM  MAY  NOT  BE  OFFERED  AS EVIDENCE FOR A DEFENSE TO ANY CRIMINAL
CHARGE OF ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER.
  § 2. Section 15.25 of the penal law is amended to read as follows:
§ 15.25 Effect of intoxication upon liability.
  Intoxication is not, as such, a defense to a criminal charge;  but  in
any  prosecution for an offense, evidence of intoxication of the defend-
ant may be offered by the defendant whenever it is relevant to  negative
an element of the crime charged; PROVIDED, HOWEVER, THAT INTOXICATION OF
A  VICTIM IS NOT A DEFENSE TO ANY CRIMINAL CHARGE OF ARTICLE ONE HUNDRED
THIRTY OF THIS CHAPTER. VOLUNTARY INTOXICATION MAY  NOT  BE  OFFERED  AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13702-04-9

Co-Sponsors

S6679A (ACTIVE) - Details

See Assembly Version of this Bill:
A8634
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§15.05, 15.25, 130.00 & 130.05, Pen L

S6679A (ACTIVE) - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes; amends the definition of "mentally incapacitated" in article 130 of the penal law to include persons who are voluntarily intoxicated.

S6679A (ACTIVE) - Sponsor Memo

S6679A (ACTIVE) - Bill Text download pdf


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

                                 6679--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             August 30, 2019
                               ___________

Introduced  by  Sens. BIAGGI, JACKSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the penal law, in relation to prohibiting the use of the
  intoxication of a victim as a defense to a  criminal  charge  for  sex
  crimes

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

  Section 1. Subdivision 3 of section 15.05 of the penal law is  amended
to read as follows:
  3.  "Recklessly." A person acts recklessly with respect to a result or
to a circumstance described by a statute defining an offense  when  [he]
SUCH  PERSON  is  aware  of and consciously disregards a substantial and
unjustifiable risk that such result will occur or that such circumstance
exists. The risk must be of such nature and degree that disregard there-
of constitutes a gross deviation from the standard  of  conduct  that  a
reasonable  person would observe in the situation.  A person who creates
such a risk but is unaware thereof solely by reason of voluntary intoxi-
cation also acts recklessly with  respect  thereto;  PROVIDED,  HOWEVER,
THAT INTOXICATION OF A VICTIM IS NOT A DEFENSE TO ANY CRIMINAL CHARGE OF
ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER.
  § 2. Section 15.25 of the penal law is amended to read as follows:
§ 15.25 Effect of intoxication upon liability.
  Intoxication  is  not, as such, a defense to a criminal charge; but in
any prosecution for an offense, evidence of intoxication of the  defend-
ant  may be offered by the defendant whenever it is relevant to negative
an element of the crime charged; PROVIDED, HOWEVER, THAT INTOXICATION OF
A VICTIM IS NOT A DEFENSE TO ANY CRIMINAL CHARGE OF ARTICLE ONE  HUNDRED
THIRTY OF THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13702-05-9

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