Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 26, 2024 |
amended on third reading 4555b |
Feb 07, 2024 |
advanced to third reading |
Feb 06, 2024 |
2nd report cal. |
Feb 05, 2024 |
1st report cal.350 |
Jan 03, 2024 |
referred to codes returned to senate died in assembly |
Jun 05, 2023 |
referred to codes delivered to assembly passed senate |
Apr 10, 2023 |
amended on third reading (t) 4555a |
Mar 16, 2023 |
advanced to third reading |
Mar 15, 2023 |
2nd report cal. |
Mar 13, 2023 |
1st report cal.473 |
Feb 10, 2023 |
referred to codes |
Senate Bill S4555B
2023-2024 Legislative Session
Sponsored By
(D) 34th Senate District
Current Bill Status - On Floor Calendar
- 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
Actions
Votes
Bill Amendments
2023-S4555 - Details
2023-S4555 - Summary
Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the influence of any drug, intoxicant, or other substance to a degree which rendered the victim temporarily incapable of appraising or controlling such person's conduct and such condition was known or reasonably should have been known to a person in the actor's situation.
2023-S4555 - Sponsor Memo
BILL NUMBER: S4555 SPONSOR: FERNANDEZ TITLE OF BILL: An act to amend the penal law, in relation to prohibiting the use of the intoxication of a victim as a defense to a criminal charge for sex crimes and creating an affirmative defense for such criminal charges PURPOSE OR GENERAL IDEA OF BILL: To allow sex crimes charges to be brought in cases where the victim had become voluntarily intoxicated if a reasonable person in the defendant's position should have known that the victim was incapable of giving consent due to that intoxication. SUMMARY OF PROVISIONS: Section 1 amends paragraph (d) of subdivision 2 of section 130.05 to include sexual misconduct in offenses covered under lack of consent and adds a new paragraph (e) of subdivision 2 of section 130.05 to include offenses covered under the inability to consent.
2023-S4555 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4555 2023-2024 Regular Sessions I N S E N A T E February 10, 2023 ___________ Introduced by Sen. FERNANDEZ -- 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 prohibiting the use of the intoxication of a victim as a defense to a criminal charge for sex crimes and creating an affirmative defense for such criminal charges THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 2 of section 130.05 of the penal law, as amended by chapter 40 of the laws of 2004, is amended and a new paragraph (e) is added to read as follows: (d) Where the offense charged is SEXUAL MISCONDUCT AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION 130.20, rape in the third degree as defined in subdivision three of section 130.25, or criminal sexual act in the third degree as defined in subdivision three of section 130.40, in addition to forcible compulsion, circumstances under which, at the time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor's situation would have understood such person's words and acts as an expression of lack of consent to such act under all the circumstances[.]; OR (E) WHERE THE OFFENSE CHARGED IS SEXUAL MISCONDUCT AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION 130.20, RAPE IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.25, OR CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.40, IN ADDITION TO FORCIBLE COMPULSION, CIRCUMSTANCES UNDER WHICH, AT THE TIME OF THE ACT OF INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, THE VICTIM IS UNDER THE INFLUENCE OF ANY DRUG, INTOXICANT, OR OTHER SUBSTANCE TO A DEGREE WHICH RENDERS SUCH PERSON TEMPORARILY INCA- PABLE OF APPRAISING OR CONTROLLING HIS OR HER CONDUCT AND SUCH CONDI- TION IS KNOWN OR REASONABLY SHOULD BE KNOWN TO A PERSON IN THE ACTOR'S SITUATION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01032-03-3
2023-S4555A - Details
2023-S4555A - Summary
Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the influence of any drug, intoxicant, or other substance to a degree which rendered the victim temporarily incapable of appraising or controlling such person's conduct and such condition was known or reasonably should have been known to a person in the actor's situation.
2023-S4555A - Sponsor Memo
BILL NUMBER: S4555A SPONSOR: FERNANDEZ TITLE OF BILL: An act to amend the penal law, in relation to prohibiting the use of the intoxication of a victim as a defense to a criminal charge for sex crimes PURPOSE: To allow sex crimes charges to be brought in cases where the victim had become voluntarily intoxicated if a reasonable person in the defendant's position should have known that the victim was incapable of giving consent due to that intoxication. SUMMARY OF PROVISIONS: Section one of the bill amends paragraph (d) and adds paragraph (e) to subdivision 2 of § 130.05 of the penal law. Paragraph (d) provides for the inclusion that for sex offenses a lack of
2023-S4555A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4555--A Cal. No. 473 2023-2024 Regular Sessions I N S E N A T E February 10, 2023 ___________ Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favora- bly from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the penal law, in relation to prohibiting the use of the intoxication of a victim as a defense to a criminal charge for sex crimes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 2 of section 130.05 of the penal law, as amended by chapter 40 of the laws of 2004, is amended and a new paragraph (e) is added to read as follows: (d) Where the offense charged is SEXUAL MISCONDUCT AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION 130.20, rape in the third degree as defined in subdivision three of section 130.25, or criminal sexual act in the third degree as defined in subdivision three of section 130.40, in addition to forcible compulsion, circumstances under which, at the time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor's situation would have understood such person's words and acts as an expression of lack of consent to such act under all the circumstances[.]; OR (E) WHERE THE OFFENSE CHARGED IS SEXUAL MISCONDUCT AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION 130.20, RAPE IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.25, OR CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.40, IN ADDITION TO FORCIBLE COMPULSION, CIRCUMSTANCES UNDER WHICH, AT THE TIME OF THE ACT OF INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, THE VICTIM IS UNDER THE INFLUENCE OF ANY DRUG, INTOXICANT, OR OTHER SUBSTANCE TO A DEGREE WHICH RENDERS THAT PERSON INCAPABLE OF GIVING CONSENT AND THAT CONDITION IS KNOWN OR REASONABLY SHOULD BE KNOWN TO A PERSON IN THE ACTOR'S SITUATION. § 2. This act shall take effect immediately.
co-Sponsors
(D) 15th Senate District
(R, C) 57th Senate District
(D) 26th Senate District
(D, WF) 47th Senate District
2023-S4555B (ACTIVE) - Details
2023-S4555B (ACTIVE) - Summary
Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the influence of any drug, intoxicant, or other substance to a degree which rendered the victim temporarily incapable of appraising or controlling such person's conduct and such condition was known or reasonably should have been known to a person in the actor's situation.
2023-S4555B (ACTIVE) - Sponsor Memo
BILL NUMBER: S4555B SPONSOR: FERNANDEZ TITLE OF BILL: An act to amend the penal law, in relation to prohibiting the use of the intoxication of a victim as a defense to a criminal charge for sex crimes PURPOSE OR GENERAL IDEA OF BILL: To allow sex crimes charges to be brought in cases where the victim had become voluntarily intoxicated if a reasonable person in the defendant's position should have known that the victim was incapable of giving consent due to intoxication. SUMMARY OF PROVISIONS: Section 1 amends paragraph (d) of subdivision 2 of section 130.05 to include sexual misconduct in offenses covered under lack of consent and adds a new paragraph (e) of subdivision 2 of section 130.05 to include intoxication under an inability to consent.
2023-S4555B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4555--B Cal. No. 350 2023-2024 Regular Sessions I N S E N A T E February 10, 2023 ___________ Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favora- bly from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the penal law, in relation to prohibiting the use of the intoxication of a victim as a defense to a criminal charge for sex crimes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 2 of section 130.05 of the penal law, as amended by chapter 23 of the laws of 2024, is amended and a new paragraph (e) is added to read as follows: (d) Where the offense charged is SEXUAL MISCONDUCT AS DEFINED IN SUBDIVISIONS ONE, TWO AND THREE OF SECTION 130.20, rape in the third degree as defined in subdivision seven, eight or nine of section 130.25, or a crime formerly defined in subdivision three of section 130.40 OF THIS ARTICLE, in addition to forcible compulsion, circumstances under which, at the time of the act of vaginal sexual contact, oral sexual contact or anal sexual contact, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor's situation would have understood such person's words and acts as an expression of lack of consent to such act under all the circum- stances[.]; OR (E) WHERE THE OFFENSE CHARGED IS SEXUAL MISCONDUCT AS DEFINED IN SUBDIVISIONS ONE, TWO AND THREE OF SECTION 130.20, RAPE IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION SEVEN, EIGHT OR NINE OF SECTION 130.25, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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