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Senate Bill S7540

2021-2022 Legislative Session

Relates to establishing the crime of aggravated forcible touching by an inmate

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Archive: Last Bill Status - In Senate Committee Codes Committee

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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

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

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