senate Bill S2938B

2019-2020 Legislative Session

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

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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 committed to rules
May 08, 2019 advanced to third reading
May 07, 2019 2nd report cal.
May 06, 2019 1st report cal.581
May 01, 2019 print number 2938b
May 01, 2019 amend and recommit to codes
Apr 11, 2019 print number 2938a
Apr 11, 2019 amend and recommit to codes
Jan 30, 2019 referred to codes

Votes

view votes

May 6, 2019 - Codes committee Vote

S2938B
7
3
committee
7
Aye
3
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 6, 2019

aye wr (3)

S2938 - Details

See Assembly Version of this Bill:
A794
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

S2938 - Summary

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

S2938 - Sponsor Memo

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.

S2938A - Details

See Assembly Version of this Bill:
A794
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

S2938A - Summary

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

S2938A - Sponsor Memo

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

S2938B (ACTIVE) - Details

See Assembly Version of this Bill:
A794
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

S2938B (ACTIVE) - Summary

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

S2938B (ACTIVE) - Sponsor Memo

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.