Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 04, 2010 |
referred to codes |
Assembly Bill A10932
2009-2010 Legislative Session
Sponsored By
PAULIN
Archive: Last Bill Status - In Assembly 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
Actions
co-Sponsors
Helene Weinstein
2009-A10932 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7894
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§130.00 & 260.31, Pen L
2009-A10932 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10932 TITLE OF BILL: An act to amend the penal law, in relation to the defi- nition of sexual contact for the purposes of sex offenses and endanger- ing the welfare of a vulnerable elderly person PURPOSE OF BILL: This measure eliminates the marital exception in the penal law provisions relating to certain sex offenses including sexual abuse in the second and third degrees and endangering the welfare of the elderly. SUMMARY OF PROVISIONS OF BILL: Removes the exemptions for married persons from the definition of the commission of "sexual contact" in subdivision 3 of section 130 of the penal law and subdivision 2 of section 260.31 of the penal law. JUSTIFICATION: The penal law offenses of sexual abuse in the second and third degrees criminalize subjecting another to nonconsensual sexual contact. However, the current definition of sexual contact in PL 130.50 exempts such nonconsensual contact between married persons, thereby exempting married persons from the crime, even where there is forced compulsion or non-consensual contact. See PL section 130.65 and 130.55. In 2009, New York enacted L. 2009 c.476, to add the crimes of sexual abuse in the third and second degrees to those family offenses for which a victim may obtain an order "of protection in family court. This law
2009-A10932 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10932 I N A S S E M B L Y May 4, 2010 ___________ Introduced by M. of A. PAULIN, WEINSTEIN -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the definition of sexual contact for the purposes of sex offenses and endangering the welfare of a vulnerable elderly person THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 130.00 of the penal law, as amended by chapter 650 of the laws of 1984, is amended to read as follows: 3. "Sexual contact" means any touching of the sexual or other intimate parts of a person [not married to the actor] for the purpose of gratify- ing sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing. S 2. Subdivision 2 of section 260.31 of the penal law, as added by chapter 381 of the laws of 1998, such section as renumbered by chapter 14 of the laws of 2010, is amended to read as follows: 2. "Sexual contact" means any touching of the sexual or other intimate parts of a person [not married to the actor] for the purpose of gratify- ing sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing. S 3. This act shall take effect immediately, except that section two of this act shall take effect on the same date and in the same manner as chapter 14 of the laws of 2010, takes effect. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16938-01-0
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