Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation and the contact was intentional and with the sole purpose of sexual gratification.
Ayes (57): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Perkins
Excused (3): Diaz, Espaillat, Hassell-Thomps
TITLE OF BILL: An act to amend the penal law, in relation to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation
PURPOSE: To create the penalty of aggravated sexual contact in the third degree as a class B felony.
SUMMARY OF PROVISIONS: Amends section 130.65 of the penal law - making it sexual abuse in the 1st degree if a person intentionally comes in sexual contact and with the sole purpose of sexual gratification without the consent of the other person while a passenger on public transportation.
EXISTING LAW: The acts covered under this new law currently only carry misdemeanor punishments, this law seeks to codify these acts in its own section of law and raise the penalty to a felony level.
JUSTIFICATION: A recent Court of Appeals decision allowed a chronic pervert who masturbated on three subway riders off without prison time. Although the District Attorney sought felony charges, the state's highest court threw out the felony charges because there was no proof the victim felt threatened with violence, resulting in only a misdemeanor sex abuse charge carrying a maximum of three months.
These subway "grinders" as they are euphemistically referred to by law enforcement are sexual deviants who prey upon victims who are going about their daily commute and have no means of escape. This law seeks to raise these acts to a felony status and upon conviction under this law offenders will be required be placed on the NYS Sex Offender Registry.
LEGISLATIVE HISTORY: 2012 Session - New Bill - referred to Riles Committee
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall effect on the sixtieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 2518--B 2013-2014 Regular Sessions IN SENATE January 18, 2013 ___________Introduced by Sens. SAVINO, KLEIN, CARLUCCI, VALESKY -- 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 -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the penal law, in relation to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 130.65 of the penal law is amended by adding a new subdivision 2-a to read as follows: 2-A. INTENTIONALLY, AND WITH THE SOLE PURPOSE OF SEXUAL GRATIFICATION, AND WITHOUT THE CONSENT OF THE OTHER PERSON WHILE A PASSENGER ON PUBLIC TRANSPORTATION; OR S 2. This act shall take effect on the sixtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01282-10-4