|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Apr 22, 2020 |
print number 8634c |
| Apr 22, 2020 |
amend and recommit to codes |
| Jan 08, 2020 |
referred to codes |
| Dec 18, 2019 |
print number 8634b |
| Dec 18, 2019 |
amend and recommit to codes |
| Oct 23, 2019 |
print number 8634a |
| Oct 23, 2019 |
amend (t) and recommit to codes |
| Oct 02, 2019 |
referred to codes |
Assembly Bill A8634C
2019-2020 Legislative Session
Sponsored By
DINOWITZ
Archive: Last Bill Status - In Assembly 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
Actions
Bill Amendments
co-Sponsors
Amy Paulin
2019-A8634 - Details
2019-A8634 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8634
2019-2020 Regular Sessions
I N A S S E M B L Y
October 2, 2019
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Codes
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
Amy Paulin
Sandy Galef
2019-A8634A - Details
2019-A8634A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8634--A
2019-2020 Regular Sessions
I N A S S E M B L Y
October 2, 2019
___________
Introduced by M. of A. DINOWITZ, PAULIN -- 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, 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.
§ 3. Subdivision 6 of section 130.00 of the penal law is amended to
read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
co-Sponsors
Amy Paulin
Sandy Galef
Steven Otis
2019-A8634B - Details
2019-A8634B - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8634--B
2019-2020 Regular Sessions
I N A S S E M B L Y
October 2, 2019
___________
Introduced by M. of A. DINOWITZ, PAULIN, GALEF -- read once and referred
to the Committee on Codes -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
committee discharged, bill amended, ordered reprinted as amended and
recommitted 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. Paragraph (d) of subdivision 2 of section 130.05 of the
penal law, as amended by chapter 40 of the laws of 2004, is amended and
a new paragraph (e) is added to read as follows:
(d) Where the offense charged is SEXUAL MISCONDUCT AS DEFINED IN
SUBDIVISIONS ONE AND TWO OF SECTION 130.20, rape in the third degree as
defined in subdivision three of section 130.25, or criminal sexual act
in the third degree as defined in subdivision three of section 130.40,
in addition to forcible compulsion, circumstances under which, at the
time of the act of intercourse, oral sexual conduct or anal sexual
conduct, the victim clearly expressed that he or she did not consent to
engage in such act, and a reasonable person in the actor's situation
would have understood such person's words and acts as an expression of
lack of consent to such act under all the circumstances[.]; OR
(E) WHERE THE OFFENSE CHARGED IS SEXUAL MISCONDUCT AS DEFINED IN
SUBDIVISIONS ONE AND TWO OF SECTION 130.20, RAPE IN THE THIRD DEGREE AS
DEFINED IN SUBDIVISION THREE OF SECTION 130.25, OR CRIMINAL SEXUAL ACT
IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.40,
IN ADDITION TO FORCIBLE COMPULSION, CIRCUMSTANCES UNDER WHICH, AT THE
TIME OF THE ACT OF INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL
CONDUCT, THE VICTIM IS UNDER THE INFLUENCE OF ANY DRUG, INTOXICANT, OR
OTHER SUBSTANCE TO A DEGREE WHICH RENDERS THAT PERSON INCAPABLE OF
GIVING CONSENT AND THAT CONDITION IS KNOWN OR REASONABLY SHOULD BE KNOWN
TO A PERSON IN THE ACTOR'S SITUATION.
§ 2. This act shall take effect immediately.
co-Sponsors
Amy Paulin
Sandy Galef
Steven Otis
Jo Anne Simon
2019-A8634C (ACTIVE) - Details
2019-A8634C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8634--C
2019-2020 Regular Sessions
I N A S S E M B L Y
October 2, 2019
___________
Introduced by M. of A. DINOWITZ, PAULIN, GALEF, OTIS -- read once and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Codes in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted 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. Paragraph (d) of subdivision 2 of section 130.05 of the
penal law, as amended by chapter 40 of the laws of 2004, is amended and
a new paragraph (e) is added to read as follows:
(d) Where the offense charged is SEXUAL MISCONDUCT AS DEFINED IN
SUBDIVISIONS ONE AND TWO OF SECTION 130.20, rape in the third degree as
defined in subdivision three of section 130.25, or criminal sexual act
in the third degree as defined in subdivision three of section 130.40,
in addition to forcible compulsion, circumstances under which, at the
time of the act of intercourse, oral sexual conduct or anal sexual
conduct, the victim clearly expressed that he or she did not consent to
engage in such act, and a reasonable person in the actor's situation
would have understood such person's words and acts as an expression of
lack of consent to such act under all the circumstances[.]; OR
(E) WHERE THE OFFENSE CHARGED IS SEXUAL MISCONDUCT AS DEFINED IN
SUBDIVISIONS ONE AND TWO OF SECTION 130.20, RAPE IN THE THIRD DEGREE AS
DEFINED IN SUBDIVISION THREE OF SECTION 130.25, OR CRIMINAL SEXUAL ACT
IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.40,
IN ADDITION TO FORCIBLE COMPULSION, CIRCUMSTANCES UNDER WHICH, AT THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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