senate Bill S406A

2021-2022 Legislative Session

Includes instances of sexual conduct against a child less than seventeen years of age to certain sex offenses

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

Your Voice

do you support this bill?

Please enter your contact information

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 (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2022 committed to rules
May 09, 2022 advanced to third reading
May 05, 2022 2nd report cal.
May 04, 2022 1st report cal.1070
Jan 05, 2022 referred to codes
Mar 05, 2021 print number 406a
Mar 05, 2021 amend and recommit to codes
Jan 06, 2021 referred to codes

Votes

view votes

May 2, 2022 - Codes committee Vote

S406A
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S406 - Details

See Assembly Version of this Bill:
A3225
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§130.75, 130.80 & 130.96, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S7248, A9101

S406 - Summary

Includes instances of sexual conduct against a child less than seventeen years of age to certain sex offenses; removes the time limit to bring subsequent sexual offenses.

S406 - Sponsor Memo

S406 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    406
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  BIAGGI, KAMINSKY, MYRIE -- 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  including  instances  of
   sexual  conduct  against  a  child less than seventeen years of age to
   certain sex offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 130.75 of the penal law, as
 amended  by  chapter  1  of  the laws of 2000, paragraphs (a) and (b) of
 subdivision 1 as amended by chapter 264 of the laws of 2003, are amended
 to read as follows:
   [1.] A person is guilty of course of sexual conduct against a child in
 the first degree when, over a period of time not less than three  months
 in duration:
   [(a)]  1.  he  or  she  engages in two or more acts of sexual conduct,
 which includes at least one  act  of  sexual  intercourse,  oral  sexual
 conduct,  anal sexual conduct or aggravated sexual contact, with a child
 less than eleven years old; AND INCLUDES AT LEAST ONE ADDITIONAL ACT  OF
 SEXUAL  CONDUCT  WITH  THE  CHILD WHEN THAT CHILD IS LESS THAN SEVENTEEN
 YEARS OLD; or
   [(b)] 2. he or she, being eighteen years old or more, AT THE COMMENCE-
 MENT OF THE COURSE OF SEXUAL CONDUCT, engages in two  or  more  acts  of
 sexual  conduct,  which  include at least one act of sexual intercourse,
 oral sexual conduct, anal sexual conduct or aggravated  sexual  contact,
 with  a  child  less  than thirteen years old; AND INCLUDES AT LEAST ONE
 ADDITIONAL ACT OF SEXUAL CONDUCT WITH THE CHILD WHEN THAT CHILD IS  LESS
 THAN SEVENTEEN YEARS OLD.
   [2.  A  person may not be subsequently prosecuted for any other sexual
 offense involving the same  victim  unless  the  other  charged  offense
 occurred outside the time period charged under this section.]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S406A (ACTIVE) - Details

See Assembly Version of this Bill:
A3225
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§130.75, 130.80 & 130.96, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S7248, A9101

S406A (ACTIVE) - Summary

Includes instances of sexual conduct against a child less than seventeen years of age to certain sex offenses; removes the time limit to bring subsequent sexual offenses.

S406A (ACTIVE) - Sponsor Memo

S406A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  406--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  BIAGGI, KAMINSKY, MYRIE -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend  the penal law, in relation to including instances of
   sexual conduct against a child less than seventeen  years  of  age  to
   certain sex offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 130.75 of the penal law, as
 amended by chapter 1 of the laws of 2000,  paragraphs  (a)  and  (b)  of
 subdivision 1 as amended by chapter 264 of the laws of 2003, are amended
 to read as follows:
   [1.] A person is guilty of course of sexual conduct against a child in
 the  first degree when, over a period of time not less than three months
 in duration:
   [(a)] 1. he or she engages in two or  more  acts  of  sexual  conduct,
 which  includes  at  least  one  act  of sexual intercourse, oral sexual
 conduct, anal sexual conduct or aggravated sexual contact, with a  child
 less  than eleven years old; AND INCLUDES AT LEAST ONE ADDITIONAL ACT OF
 SEXUAL CONDUCT WITH THE CHILD WHEN THAT CHILD  IS  LESS  THAN  SEVENTEEN
 YEARS OLD; or
   [(b)] 2. he or she, being eighteen years old or more, AT THE COMMENCE-
 MENT  OF  THE  COURSE  OF SEXUAL CONDUCT, engages in two or more acts of
 sexual conduct, which include at least one act  of  sexual  intercourse,
 oral  sexual  conduct, anal sexual conduct or aggravated sexual contact,
 with a child less than thirteen years old; AND  INCLUDES  AT  LEAST  ONE
 ADDITIONAL  ACT OF SEXUAL CONDUCT WITH THE CHILD WHEN THAT CHILD IS LESS
 THAN SEVENTEEN YEARS OLD.

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

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.