Senate Bill S2938B

2019-2020 Legislative Session

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

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Sponsored By

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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Bill Amendments

2019-S2938 - Details

Current Committee:
Senate Codes
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

2019-S2938 - Summary

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

2019-S2938 - Sponsor Memo

2019-S2938 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2938
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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
   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 REPEALED.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.
   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;

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

2019-S2938A - Details

Current Committee:
Senate Codes
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

2019-S2938A - Summary

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

2019-S2938A - Sponsor Memo

2019-S2938A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2938--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be  committed  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.
   §  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.
   A person is guilty of rape in the third degree when:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01481-06-9
              

co-Sponsors

2019-S2938B (ACTIVE) - Details

Current Committee:
Senate Codes
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

2019-S2938B (ACTIVE) - Summary

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

2019-S2938B (ACTIVE) - Sponsor Memo

2019-S2938B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2938--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be  committed  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,  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.
   A person is guilty of rape in the third degree when:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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