Assembly Bill A794

2019-2020 Legislative Session

Relates to the offenses of rape in the first, second and third degrees; repealer

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Archive: Last Bill Status - In Senate Committee Rules 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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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A794 - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Rpld §§130.40, 130.45, 130.50, amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 301.2, 308.1, 347.1, 344.4 & 1052, Fam Ct Act; amd §§61, 62 & 64, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L; amd §4, Judy L; amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9774
2013-2014: A3339
2015-2016: A4959
2017-2018: A4249
2021-2022: A6319
2023-2024: A3340

2019-A794 - Summary

Relates to the offenses of rape in the first, second and third degrees.

2019-A794 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    794
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
   DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA,  ROZIC,  HEVESI,
   QUART,  LIFTON,  OTIS,  MOSLEY, FAHY, SEAWRIGHT, TAYLOR -- Multi-Spon-
   sored by -- M. of A.   ARROYO, BUCHWALD,  FINCH,  FITZPATRICK,  GALEF,
   GLICK,  LUPARDO, MALLIOTAKIS, McDONOUGH, MONTESANO, PEOPLES-STOKES, RA
   -- read once and referred 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.

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

co-Sponsors

multi-Sponsors

2019-A794A - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Rpld §§130.40, 130.45, 130.50, amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 301.2, 308.1, 347.1, 344.4 & 1052, Fam Ct Act; amd §§61, 62 & 64, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L; amd §4, Judy L; amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9774
2013-2014: A3339
2015-2016: A4959
2017-2018: A4249
2021-2022: A6319
2023-2024: A3340

2019-A794A - Summary

Relates to the offenses of rape in the first, second and third degrees.

2019-A794A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  794--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
   DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA,  ROZIC,  HEVESI,
   QUART,  LIFTON,  OTIS,  MOSLEY,  FAHY, SEAWRIGHT, TAYLOR, ZEBROWSKI --
   Multi-Sponsored by -- M. of A. ARROYO, BUCHWALD,  FINCH,  FITZPATRICK,
   GALEF,    GLICK,    LUPARDO,    MALLIOTAKIS,   McDONOUGH,   MONTESANO,
   PEOPLES-STOKES, RA -- read once and referred 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
   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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01481-03-9
              

co-Sponsors

multi-Sponsors

2019-A794B - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Rpld §§130.40, 130.45, 130.50, amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 301.2, 308.1, 347.1, 344.4 & 1052, Fam Ct Act; amd §§61, 62 & 64, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L; amd §4, Judy L; amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9774
2013-2014: A3339
2015-2016: A4959
2017-2018: A4249
2021-2022: A6319
2023-2024: A3340

2019-A794B - Summary

Relates to the offenses of rape in the first, second and third degrees.

2019-A794B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  794--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
   DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA,  ROZIC,  HEVESI,
   QUART,  LIFTON,  OTIS,  MOSLEY,  FAHY, SEAWRIGHT, TAYLOR, ZEBROWSKI --
   Multi-Sponsored by -- M. of A. ARROYO, BUCHWALD,  FINCH,  FITZPATRICK,
   GALEF,    GLICK,    LUPARDO,    MALLIOTAKIS,   McDONOUGH,   MONTESANO,
   PEOPLES-STOKES, RA -- read once and referred to the Committee on Codes
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted to said committee -- again reported from said commit-
   tee with amendments, ordered reprinted as amended and  recommitted  to
   said committee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01481-05-9
              

co-Sponsors

multi-Sponsors

2019-A794C - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Rpld §§130.40, 130.45, 130.50, amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 301.2, 308.1, 347.1, 344.4 & 1052, Fam Ct Act; amd §§61, 62 & 64, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L; amd §4, Judy L; amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9774
2013-2014: A3339
2015-2016: A4959
2017-2018: A4249
2021-2022: A6319
2023-2024: A3340

2019-A794C - Summary

Relates to the offenses of rape in the first, second and third degrees.

2019-A794C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  794--C
                                                             R. R. 55
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
   DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA,  ROZIC,  HEVESI,
   QUART,  LIFTON,  OTIS,  MOSLEY,  FAHY, SEAWRIGHT, TAYLOR, ZEBROWSKI --
   Multi-Sponsored by -- M. of A. ARROYO, BUCHWALD,  FINCH,  FITZPATRICK,
   GALEF,    GLICK,    LUPARDO,    MALLIOTAKIS,   McDONOUGH,   MONTESANO,
   PEOPLES-STOKES, RA -- read once and referred to the Committee on Codes
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted to said committee -- again reported from said commit-
   tee with amendments, ordered reprinted as amended and  recommitted  to
   said  committee  -- reported and referred to the Committee on Rules --
   ordered to a third reading, passed by Assembly and  delivered  to  the
   Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
   ordered reprinted, retaining its place on the special order  of  third
   reading
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

multi-Sponsors

2019-A794D - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Rpld §§130.40, 130.45, 130.50, amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 301.2, 308.1, 347.1, 344.4 & 1052, Fam Ct Act; amd §§61, 62 & 64, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L; amd §4, Judy L; amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9774
2013-2014: A3339
2015-2016: A4959
2017-2018: A4249
2021-2022: A6319
2023-2024: A3340

2019-A794D - Summary

Relates to the offenses of rape in the first, second and third degrees.

2019-A794D - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  794--D
                                                          Cal. No. 40
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
   DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA,  ROZIC,  HEVESI,
   QUART,  LIFTON,  OTIS,  MOSLEY,  FAHY,  SEAWRIGHT,  TAYLOR, ZEBROWSKI,
   L. ROSENTHAL, REYES, CRUZ -- Multi-Sponsored by -- M.  of  A.  ARROYO,
   BUCHWALD,  FINCH,  FITZPATRICK,  GALEF,  GLICK,  LUPARDO, MALLIOTAKIS,
   McDONOUGH, MONTESANO, PEOPLES-STOKES, RA -- read once and referred  to
   the  Committee on Codes -- committee discharged, bill amended, ordered
   reprinted as amended  and  recommitted  to  said  committee  --  again
   reported  from  said  committee  with amendments, ordered reprinted as
   amended and recommitted to said committee -- reported and referred  to
   the Committee on Rules -- ordered to a third reading, passed by Assem-
   bly and delivered to the Senate, recalled from the Senate, vote recon-
   sidered,  bill  amended, ordered reprinted, retaining its place on the
   special order of third reading -- ordered to a third reading,  amended
   and ordered reprinted, retaining its place on the order of third read-
   ing
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

multi-Sponsors

2019-A794E (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Rpld §§130.40, 130.45, 130.50, amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 301.2, 308.1, 347.1, 344.4 & 1052, Fam Ct Act; amd §§61, 62 & 64, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L; amd §4, Judy L; amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9774
2013-2014: A3339
2015-2016: A4959
2017-2018: A4249
2021-2022: A6319
2023-2024: A3340

2019-A794E (ACTIVE) - Summary

Relates to the offenses of rape in the first, second and third degrees.

2019-A794E (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  794--E
                                                          Cal. No. 40
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, COLTON, AUBRY, ENGLEBRIGHT, BRAUNSTEIN,
   DenDEKKER, JAFFEE, PERRY, COOK, WEPRIN, SANTABARBARA,  ROZIC,  HEVESI,
   QUART,  LIFTON,  OTIS,  MOSLEY,  FAHY,  SEAWRIGHT,  TAYLOR, ZEBROWSKI,
   L. ROSENTHAL, REYES, CRUZ -- Multi-Sponsored by -- M.  of  A.  ARROYO,
   BUCHWALD,  FINCH,  FITZPATRICK,  GALEF,  GLICK,  LUPARDO, MALLIOTAKIS,
   McDONOUGH, MONTESANO, PEOPLES-STOKES, RA -- read once and referred  to
   the  Committee on Codes -- committee discharged, bill amended, ordered
   reprinted as amended  and  recommitted  to  said  committee  --  again
   reported  from  said  committee  with amendments, ordered reprinted as
   amended and recommitted to said committee -- reported and referred  to
   the Committee on Rules -- ordered to a third reading, passed by Assem-
   bly and delivered to the Senate, recalled from the Senate, vote recon-
   sidered,  bill  amended, ordered reprinted, retaining its place on the
   special order of third reading -- ordered to a third reading,  amended
   and ordered reprinted, retaining its place on the order of third read-
   ing  --  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place on the order of third reading
 
 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:

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

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