Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 21, 2020 |
referred to codes delivered to assembly passed senate |
Mar 18, 2020 |
amended on third reading 6679c |
Feb 12, 2020 |
advanced to third reading |
Feb 11, 2020 |
2nd report cal. |
Feb 10, 2020 |
1st report cal.372 |
Jan 08, 2020 |
referred to codes |
Dec 13, 2019 |
print number 6679b |
Dec 13, 2019 |
amend and recommit to rules |
Oct 02, 2019 |
print number 6679a |
Oct 02, 2019 |
amend (t) and recommit to rules |
Aug 30, 2019 |
referred to rules |
Senate Bill S6679B
2019-2020 Legislative Session
Sponsored By
(D, WF) Senate District
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
Votes
Bill Amendments
co-Sponsors
(D, WF) 31st Senate District
2019-S6679 - Details
2019-S6679 - Sponsor Memo
BILL NUMBER: S6679 SPONSOR: BIAGGI TITLE OF BILL: An act to amend the penal law, in relation to prohib- iting the use of evidence of a voluntarily intoxicated victim in any criminal charge for sex crimes PURPOSE OR GENERAL IDEA OF BILL: To close a loophole which currently allows defendants charged with sex crimes to avoid prosecution in cases where the allegedly abused individ- ual voluntarily consumed intoxicating substances to the point of intoxi- cation. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the definition of "recklessly" within subdivision 3 of section 15.05 of the penal law. Section 2 amends section 15.25 of the penal law affirming that voluntary intoxication of a victim is not a defense to any criminal charge for sex
2019-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
(D, WF) 31st Senate District
2019-S6679A - Details
2019-S6679A - Sponsor Memo
BILL NUMBER: S6679A SPONSOR: BIAGGI PURPOSE OR GENERAL IDEA OF BILL: To allow sex crimes charges to be brought in cases where the victim had become voluntarily intoxicated if a reasonable person in the defendant's position should have known that the victim was incapable of giving consent due to that intoxication. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the definition of "recklessly" within subdivision 3 of section 15.05 of the penal law. Section 2 amends section 15.25 of the penal law affirming that voluntary intoxication of a victim is not a defense to any criminal charge for sex crimes. Section 3 amends the definition of "mentally incapacitated" to include when a person is voluntarily intoxicated within subdivision 6 of section 130.00 of the penal law.
2019-S6679A - 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
co-Sponsors
(D) 26th Senate District
(D, WF) 31st Senate District
(D) 32nd Senate District
2019-S6679B - Details
2019-S6679B - Sponsor Memo
BILL NUMBER: S6679B SPONSOR: BIAGGI TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: To allow sex crimes charges to be brought in cases where the victim had become voluntarily intoxicated if a reasonable person in the defendant's position should have known that the victim was incapable of giving consent due to that intoxication. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends paragraph (d) of subdivision 2 of section 130.05 to include sexual misconduct in offenses covered under lack of consent and adds a new paragraph (e) of subdivision 2 of section 130.05 to include offenses covered under the inability to consent.
2019-S6679B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6679--B 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 -- 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
(D) Senate District
(D) 26th Senate District
(D, WF) 31st Senate District
(D) 16th Senate District
2019-S6679C (ACTIVE) - Details
2019-S6679C (ACTIVE) - Sponsor Memo
BILL NUMBER: S6679c SPONSOR: BIAGGI TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: To allow sex crimes charges to be brought in cases where the victim had become voluntarily intoxicated if a reasonable person in the defendant's position should have known that the victim was incapable of giving consent due to that intoxication. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends paragraph (d) of subdivision 2 of section 130.05 to include sexual misconduct in offenses covered under lack of consent and adds a new paragraph (e) of subdivision 2 of section 130.05 to include
2019-S6679C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6679--C Cal. No. 372 2019-2020 Regular Sessions I N S E N A T E August 30, 2019 ___________ Introduced by Sens. BIAGGI, GOUNARDES, JACKSON, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- 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 -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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