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Senate Bill S5265

2021-2022 Legislative Session

Relates to offenses committed while in or upon a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority

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Archive: Last Bill Status - In Assembly Committee

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2021-S5265 (ACTIVE) - Details

See Assembly Version of this Bill:
A7014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.65, 245.03 & 140.17, add §70.11, Pen L; add §380.67, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: S2518, A2093
2015-2016: S3243, A1467
2017-2018: S3861, A5412
2019-2020: S3229, A6809
2023-2024: S5511
2025-2026: S5393

2021-S5265 (ACTIVE) - Summary

Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation and the contact was intentional and with the sole purpose of sexual gratification; relates to public lewdness while a passenger on public transportation; establishes enhanced penalties for offenses committed while in or upon a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority; provides for the suspension or revocation of the use of a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority.

2021-S5265 (ACTIVE) - Sponsor Memo

2021-S5265 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5265
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- 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 sexual abuse in the  first
   degree  where  a  person  is incapable of consent while a passenger on
   public transportation; in relation to public lewdness while a  passen-
   ger  on  public  transportation;  in relation to establishing enhanced
   penalties for offenses committed while in or upon a building,  facili-
   ty, property, vehicle or train owned, leased or operated by the metro-
   politan  transportation authority; and to amend the criminal procedure
   law, in relation to the suspension or  revocation  of  the  use  of  a
   facility,  property, vehicle or train owned, leased or operated by the
   metropolitan transportation authority
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 130.65 of the penal law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. INTENTIONALLY, AND WITH THE SOLE PURPOSE OF SEXUAL GRATIFICATION,
 AND  WITHOUT THE CONSENT OF THE OTHER PERSON WHILE A PASSENGER ON PUBLIC
 TRANSPORTATION; OR
   § 2. Subdivision 2 of section 245.03 of the penal  law,  as  added  by
 chapter  186  of the laws of 2014, is amended and a new subdivision 3 is
 added to read as follows:
   2. he or she commits the crime  of  public  lewdness,  as  defined  in
 section  245.00  of this article, and within the preceding year has been
 convicted  of  an  offense  defined  in  such  section  245.00  or  this
 section[.]; OR
   3.  HE  OR  SHE  COMMITS  THE  CRIME OF PUBLIC LEWDNESS, AS DEFINED IN
 SECTION 245.00 OF THIS ARTICLE, WHILE A PASSENGER ON PUBLIC  TRANSPORTA-
 TION.
   § 3. The penal law is amended by adding a new section 70.11 to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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