Senate Bill S557

2023-2024 Legislative Session

Relates to amending sex offenses and consent involving members of the clergy

download bill text pdf

Sponsored By

Current 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

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2023-S557 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.05 & 130.10, Pen L
Versions Introduced in 2021-2022 Legislative Session:
S5745

2023-S557 (ACTIVE) - Summary

Amends provisions about sex offenses and consent involving members of the clergy or other ministers of any religion or duly accredited Christian science practitioners.

2023-S557 (ACTIVE) - Sponsor Memo

2023-S557 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    557
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by Sens. HOYLMAN, MAY -- 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 amending sex offenses  and
   consent involving members of the clergy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (j) of subdivision 3 of  section  130.05  of  the
 penal law, as added by section 1 of part JJ of chapter 55 of the laws of
 2018, is amended and a new paragraph (k) is added to read as follows:
   (j)  detained  or  otherwise in the custody of a police officer, peace
 officer, or other law enforcement official and the  actor  is  a  police
 officer, peace officer or other law enforcement official who either: (i)
 is  detaining  or  maintaining custody of such person; or (ii) knows, or
 reasonably should know, that at the time of the offense, such person was
 detained or in custody[.]; OR
   (K) A MEMBER OR ADHERENT OF AN ORGANIZED CHURCH OR RELIGIOUS GROUP AND
 THE ACTOR IS A MEMBER OF THE CLERGY OR OTHER MINISTER OF ANY RELIGION OR
 DULY ACCREDITED CHRISTIAN SCIENCE PRACTITIONER CHARGED WITH RAPE IN  THE
 THIRD  DEGREE  AS  DEFINED IN SECTION 130.25 OF THIS ARTICLE, AGGRAVATED
 SEXUAL ABUSE IN THE FOURTH DEGREE AS DEFINED IN SECTION 130.65-A OF THIS
 ARTICLE, OR SEXUAL ABUSE IN THE  THIRD  DEGREE  AS  DEFINED  IN  SECTION
 130.55  OF THIS ARTICLE, AND THE ACT OF SEXUAL CONDUCT OCCURS DURING THE
 PROVISION OF PASTORAL COUNSELING SERVICES WITHIN THE CONTEXT OF  HIS  OR
 HER MINISTERIAL CHARGE OR OBLIGATION.
   §  2.  Subdivision 4 of section 130.10 of the penal law, as amended by
 section 2 of part JJ of chapter 55 of the laws of 2018,  is  amended  to
 read as follows:
   4. In any prosecution under this article in which the victim's lack of
 consent  is  based solely on his or her incapacity to consent because he
 or she was less than seventeen years old, mentally disabled, a client or
 patient and the actor is a health care provider, A MEMBER OR ADHERENT OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02580-01-3
              

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