senate Bill S1075A

2021-2022 Legislative Session

Relates to the offenses of rape in the first, second and third degrees; repealer

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Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 19, 2022 print number 1075a
Jan 19, 2022 amend and recommit to codes
Jan 05, 2022 referred to codes
Jan 06, 2021 referred to codes

S1075 - Details

See Assembly Version of this Bill:
A6319
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld §§130.40, 130.45 & 130.50, amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 308.1, 347.1, 344.4 & 1052, Fam Ct Act; amd §61, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L; amd §4, Judy L; amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9774
2013-2014: A3339
2015-2016: A4959
2017-2018: A4249
2019-2020: S8279, A794

S1075 - Summary

Relates to the offenses of rape in the first, second and third degrees.

S1075 - Sponsor Memo

S1075 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1075
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT  to  amend  the  penal  law,  the  criminal  procedure  law,  the
   correction  law, the social services law, the vehicle and traffic law,
   the family court act, the civil rights law, the civil practice law and
   rules, the agriculture and markets law,  the  judiciary  law  and  the
   domestic  relations  law,  in  relation to sex offenses; and to repeal
   certain provisions of the penal law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Sections  130.40,  130.45 and 130.50 of the penal law are
 REPEALED.
   § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
 sion 2 as amended by chapter 264 of the laws of  2003,  are  amended  to
 read as follows:
   1.  "[Sexual  intercourse]  VAGINAL  SEXUAL CONTACT" [has its ordinary
 meaning and occurs upon any penetration, however slight]  MEANS  CONDUCT
 BETWEEN  PERSONS  CONSISTING OF CONTACT BETWEEN THE PENIS AND THE VAGINA
 OR VULVA.
   2. (a) "Oral sexual [conduct] CONTACT" means conduct  between  persons
 consisting of contact between the mouth and the penis, the mouth and the
 anus, or the mouth and the vulva or vagina.
   (b)  "Anal  sexual  [conduct]  CONTACT"  means conduct between persons
 consisting of contact between the penis and anus.
   § 3. Section 130.25 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 130.25 Rape in the third degree.
   A person is guilty of rape in the third degree when:
   1.  He  or  she engages in [sexual intercourse] VAGINAL SEXUAL CONTACT
 with another person who is incapable of consent by reason of some factor
 other than being less than seventeen years old;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

S1075A (ACTIVE) - Details

See Assembly Version of this Bill:
A6319
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld §§130.40, 130.45 & 130.50, amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 308.1, 347.1, 344.4 & 1052, Fam Ct Act; amd §61, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L; amd §4, Judy L; amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9774
2013-2014: A3339
2015-2016: A4959
2017-2018: A4249
2019-2020: S8279, A794

S1075A (ACTIVE) - Summary

Relates to the offenses of rape in the first, second and third degrees.

S1075A (ACTIVE) - Sponsor Memo

S1075A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1075--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend  the  penal  law,  the  criminal  procedure  law, the
   correction law, the social services law, the vehicle and traffic  law,
   the family court act, the civil rights law, the civil practice law and
   rules,  the  agriculture  and  markets  law, the judiciary law and the
   domestic relations law, in relation to sex  offenses;  and  to  repeal
   certain provisions of the penal law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 130.40, 130.45 and 130.50 of  the  penal  law  are
 REPEALED.
   § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
 sion  2  as  amended  by chapter 264 of the laws of 2003, are amended to
 read as follows:
   1. "[Sexual intercourse] VAGINAL SEXUAL  CONTACT"  [has  its  ordinary
 meaning  and  occurs upon any penetration, however slight] MEANS CONDUCT
 BETWEEN PERSONS CONSISTING OF CONTACT BETWEEN THE PENIS AND  THE  VAGINA
 OR VULVA.
   2.  (a)  "Oral sexual [conduct] CONTACT" means conduct between persons
 consisting of contact between the mouth and the penis, the mouth and the
 anus, or the mouth and the vulva or vagina.
   (b) "Anal sexual [conduct]  CONTACT"  means  conduct  between  persons
 consisting of contact between the penis and anus.
   §  3.  Section 130.25 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 130.25 Rape in the third degree.
   A person is guilty of rape in the third degree when:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02448-04-2

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