Assembly Bill A7446

2021-2022 Legislative Session

Relates to amending sex offenses and consent involving members of the clergy

download bill text pdf

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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

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2021-A7446 (ACTIVE) - Details

See Senate Version of this Bill:
S5745
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.05 & 130.10, Pen L
Versions Introduced in 2023-2024 Legislative Session:
S557

2021-A7446 (ACTIVE) - Summary

Amends provisions about sex offenses and consent involving members of the clergy or other ministers of any religion or duly accredited Christian science practitioners.

2021-A7446 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7446
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to amending sex offenses and
   consent involving members of the clergy
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (j)  of subdivision 3 of section 130.05 of the
 penal law, as added by section 1 of part JJ of chapter 55 of the laws of
 2018, is amended and a new paragraph (k) is added to read as follows:
   (j) detained or otherwise in the custody of a  police  officer,  peace
 officer,  or  other  law  enforcement official and the actor is a police
 officer, peace officer or other law enforcement official who either: (i)
 is detaining or maintaining custody of such person; or  (ii)  knows,  or
 reasonably should know, that at the time of the offense, such person was
 detained or in custody[.]; OR
   (K) A MEMBER OR ADHERENT OF AN ORGANIZED CHURCH OR RELIGIOUS GROUP AND
 THE ACTOR IS A MEMBER OF THE CLERGY OR OTHER MINISTER OF ANY RELIGION OR
 DULY  ACCREDITED CHRISTIAN SCIENCE PRACTITIONER CHARGED WITH RAPE IN THE
 THIRD DEGREE AS DEFINED IN SECTION 130.25 OF  THIS  ARTICLE,  AGGRAVATED
 SEXUAL ABUSE IN THE FOURTH DEGREE AS DEFINED IN SECTION 130.65-A OF THIS
 ARTICLE,  OR  SEXUAL  ABUSE  IN  THE  THIRD DEGREE AS DEFINED IN SECTION
 130.55 OF THIS ARTICLE, AND THE ACT OF SEXUAL CONDUCT OCCURS DURING  THE
 PROVISION  OF  PASTORAL COUNSELING SERVICES WITHIN THE CONTEXT OF HIS OR
 HER MINISTERIAL CHARGE OR OBLIGATION.
   § 2. Subdivision 4 of section 130.10 of the penal law, as  amended  by
 section  2  of  part JJ of chapter 55 of the laws of 2018, is amended to
 read as follows:
   4. In any prosecution under this article in which the victim's lack of
 consent is based solely on his or her incapacity to consent  because  he
 or she was less than seventeen years old, mentally disabled, a client or
 patient and the actor is a health care provider, A MEMBER OR ADHERENT OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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