Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 03, 2022 |
committed to rules |
Feb 02, 2022 |
advanced to third reading |
Feb 01, 2022 |
2nd report cal. |
Jan 31, 2022 |
1st report cal.363 |
Jan 05, 2022 |
referred to codes returned to senate died in assembly |
Jun 10, 2021 |
referred to codes delivered to assembly passed senate |
Jun 07, 2021 |
amended on third reading (t) 452a |
Jan 25, 2021 |
advanced to third reading |
Jan 20, 2021 |
2nd report cal. |
Jan 19, 2021 |
1st report cal.100 |
Jan 06, 2021 |
referred to codes |
Senate Bill S452
2021-2022 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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) 55th Senate District
(D) 14th Senate District
(D) 26th Senate District
(D, WF) 40th Senate District
2021-S452 - Details
- Current Committee:
- Senate Rules
- Law Section:
- Penal Law
- Laws Affected:
- Amd §130.05, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S6679
2023-2024: S4555
2021-S452 - Sponsor Memo
BILL NUMBER: S452 REVISED 06/02/2021 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
2021-S452 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 452 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sens. BIAGGI, GOUNARDES, JACKSON, LIU, MYRIE, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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 SUCH PERSON TEMPORARILY INCA- PABLE OF APPRAISING OR CONTROLLING HIS OR HER CONDUCT AND SUCH CONDI- TION IS KNOWN OR REASONABLY SHOULD BE KNOWN TO A PERSON IN THE ACTOR'S SITUATION.
co-Sponsors
(D) 36th Senate District
(D, WF) 55th Senate District
(D) 14th Senate District
(D, WF) 56th Senate District
2021-S452A (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Penal Law
- Laws Affected:
- Amd §130.05, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S6679
2023-2024: S4555
2021-S452A (ACTIVE) - Summary
Prohibits the use of intoxication of the victim as a defense in sex crimes; creates an affirmative defense where the defendant, at the time he or she engaged in the conduct constituting the offense, did not know of the facts or conditions responsible for such lack of consent.
2021-S452A (ACTIVE) - Sponsor Memo
BILL NUMBER: S452A 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 and creating an affirmative defense for such criminal charges 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
2021-S452A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 452--A Cal. No. 100 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sens. BIAGGI, BROUK, COMRIE, COONEY, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN, JACKSON, KAVANAGH, LIU, MANNION, MAY, MYRIE, PARKER, REICHLIN-MELNICK, RIVERA, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- 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 and creating an affirmative defense for such criminal charges 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
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