NY State Senate Bill 2021-S7540

Archive: Last Bill Status - In Senate Committee Codes 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

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

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Nov 24, 2021	referred to rules

co-Sponsors

2021-S7540 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §130.52-a, Pen L

2021-S7540 (ACTIVE) - Summary

Establishes the crime of aggravated forcible touching by an inmate as a class E felony where an inmate forcibly touches the intimate parts of an employee of a correctional facility, the board of parole, the office of mental health, a probation department, bureau or unit, or a police officer.

2021-S7540 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7540

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crime of
aggravated forcible touching by an inmate

 
PURPOSE:

To protect employees in correctional and other similar facilities from
sexual assault.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the Penal Law to provide for the crime of aggravated
forcible touching by an inmate. Provides that an inmate or respondent is
guilty of such when they intentionally forcibly touch the sexual or
other intimate parts of an employee of a facility, the board of parole,
the Office of Mental Health, a probation department, bureau or unit, or
a police officer, for the purpose of degrading or abusing such person or
for the purpose of gratifying the inmate's or respondent's sexual

desire.
  Defines  "inmate,"  "respondent"  and  "facility,"  and  provides that
aggravated forcible touching by an inmate is a class E felony.

Section 2: Provides the effective date.

 
JUSTIFICATION:

A recent report highlighted the rampant sexual abuse of female employees
of Rikers Island at the hands of inmates of the facility.  According  to
the  report,  detainees have sexually assaulted 24 New York City Depart-
ment of Correction employees, 16 of whom are women.

Although  New  York  State  recently  adopted  long   overdo   workplace
protections  to  prevent  sexual  harassment  in  the  workplace,  these
protections do not address the unique environment and  challenges  posed
to employees of correction facilities. Women in the report described the
fear  they  are subjected to on a daily basis, with little being done to
stop the despicable acts that are being committed against them.

No person should be subjected to such pervasive and targeted harassment,
whether they work in an office or in a secure facility.    This  common-
sense  legislation  would hold perpetrators of these acts accountable by
establishing the crime of aggravated forcible touching by an inmate as a
class E felony.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7540 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7540
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             November 24, 2021
                                ___________
 
 Introduced  by  Sen.  SERINO -- 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 establishing the crime  of
   aggravated forcible touching by an inmate
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new  section  130.52-a
 to read as follows:
 § 130.52-A AGGRAVATED FORCIBLE TOUCHING BY AN INMATE.
   1.  AN  INMATE OR RESPONDENT IS GUILTY OF AGGRAVATED FORCIBLE TOUCHING
 BY AN INMATE WHEN  SUCH  INMATE  INTENTIONALLY  AND  FOR  NO  LEGITIMATE
 PURPOSE  FORCIBLY TOUCHES THE SEXUAL OR OTHER INTIMATE PARTS OF A PERSON
 WHOM HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE AN  EMPLOYEE  OF  A
 FACILITY,  THE BOARD OF PAROLE, THE OFFICE OF MENTAL HEALTH, A PROBATION
 DEPARTMENT, BUREAU OR UNIT, OR A POLICE  OFFICER,  FOR  THE  PURPOSE  OF
 DEGRADING  OR  ABUSING  SUCH PERSON OR FOR THE PURPOSE OF GRATIFYING THE
 INMATE'S OR RESPONDENT'S SEXUAL DESIRE.
   2. FOR PURPOSES OF THIS SECTION:
   (A) "INMATE" MEANS AN INMATE OR DETAINEE IN A  CORRECTIONAL  FACILITY,
 LOCAL  CORRECTIONAL  FACILITY  OR A HOSPITAL, AS SUCH TERM IS DEFINED IN
 SUBDIVISION TWO OF SECTION FOUR HUNDRED OF THE CORRECTION LAW;
   (B) "RESPONDENT" MEANS A JUVENILE IN A SECURE  FACILITY  OPERATED  AND
 MAINTAINED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES WHO IS PLACED
 WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES; AND
   (C) "FACILITY" MEANS A CORRECTIONAL  FACILITY  OR  LOCAL  CORRECTIONAL
 FACILITY, HOSPITAL AS SUCH TERM IS DEFINED IN SUBDIVISION TWO OF SECTION
 FOUR  HUNDRED  OF  THE CORRECTION LAW, OR A SECURE FACILITY OPERATED AND
 MAINTAINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   AGGRAVATED FORCIBLE TOUCHING BY AN INMATE IS A CLASS E FELONY.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13767-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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

Senate Bill S7540

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2021-S7540 (ACTIVE) - Details

2021-S7540 (ACTIVE) - Summary

2021-S7540 (ACTIVE) - Sponsor Memo

2021-S7540 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7540

Share this bill

Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Daniel G. Stec

2021-S7540 (ACTIVE) - Details

2021-S7540 (ACTIVE) - Summary

2021-S7540 (ACTIVE) - Sponsor Memo

2021-S7540 (ACTIVE) - Bill Text download pdf

Comments