S1618-2011 - NY Senate Open Legislation - Provides that sexual abuse in the 2nd degree is a class E felony

Raises the penalty for sexual abuse in the 2nd degree from a class A misdemeanor to a class E felony.

Sponsor: SAMPSON / Co-sponsor(s): AVELLA, SAVINO, STAVISKY / Committee: CODES
Law Section: Penal Law / Law: Amd S130.60, Pen L

S1618-2011 Actions

Jan 30, 2012: referred to codes
Jan 30, 2012: DELIVERED TO ASSEMBLY
Jan 30, 2012: PASSED SENATE
Jan 23, 2012: ADVANCED TO THIRD READING
Jan 19, 2012: 2ND REPORT CAL.
Jan 18, 2012: 1ST REPORT CAL.59
Jan 4, 2012: REFERRED TO CODES
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Mar 31, 2011: referred to codes
Mar 31, 2011: DELIVERED TO ASSEMBLY
Mar 31, 2011: PASSED SENATE
Mar 10, 2011: ADVANCED TO THIRD READING
Mar 9, 2011: 2ND REPORT CAL.
Mar 8, 2011: 1ST REPORT CAL.174
Jan 10, 2011: REFERRED TO CODES

S1618-2011 Meetings

Codes: Jan 18, 2012, Codes: Mar 8, 2011

S1618-2011 Calendars

S1618-2011 Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 8, 2011

Ayes (16): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Parker, Perkins, Squadron, Espaillat

VOTE: FLOOR VOTE: - Mar 31, 2011

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Absent (2): Espaillat, Huntley

VOTE: COMMITTEE VOTE: - Codes - Jan 18, 2012

Ayes (15): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Parker, Perkins, Squadron, Espaillat
Ayes W/R (1): Duane

VOTE: FLOOR VOTE: - Jan 30, 2012

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Huntley

S1618-2011 Memo

BILL NUMBER:S1618

TITLE OF BILL:
An act
to amend the penal law, in relation to changing sexual abuse in the
second degree from a class A misdemeanor to a class E felony

PURPOSE OR GENERAL IDEA OF BILL:
To raise the penalty for sexual abuse in the second degree from a
class A misdemeanor to a class E felony.

SUMMARY OF SPECIFIC PROVISIONS:
Section 130.60 of the Penal Law is amended to increase the penalty for
this crime from a class A misdemeanor to a class E felony.

JUSTIFICATION:
Under current law the crime of sexual abuse in the second degree is
punishable by up to one year in prison. Victims of sexual abuse will
remember and relive the horror and trauma of their attacks for the
rest of their lives. Being fondled or touched in such an
inappropriate manner is humiliating and degrading. Victims of sexual
abuse in the second degree are, by definition, incapable of giving
consent or they are under the age of 14 years. Sexual abuse in the
first degree is a D felony, however, this statute is only applicable
where there is force, where the victim is incapable of giving consent
or where the victim is less than 11 years old. Thus, perpetrators who
fondle or otherwise come into sexual contact with victims between the
ages of 11 and 13 are only eligible for up to one year in prison.
This sentence is simply inadequate to deter this conduct or punish
offenders who may repeatedly engage in this crime.

PRIOR LEGISLATIVE HISTORY:
S.115 of 2008
01/09/08 REFERRED TO CODES
04/30/08 PASSED SENATE
S.62 of 2009
01/07/09 REFERRED TO CODES
01/06/10 REFERRED TO CODES

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S1618-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1618
 2011-2012 Regular Sessions
 I N  SENATE
 January 10, 2011
 
 Introduced  by  Sen. SAMPSON -- 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 changing sexual  abuse  in
 the second degree from a class A misdemeanor to a class E felony
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The closing paragraph of section 130.60 of the  penal  law,
 as  amended  by  chapter  1  of  the laws of 2000, is amended to read as
 follows:

 Sexual abuse in the second degree is a class [A misdemeanor] E FELONY.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05855-01-1

S1618-2011: Provides that sexual abuse in the 2nd degree is a class E felony