Bill S2518B-2013

Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation

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.

Details

Actions

  • Jun 19, 2014: referred to codes
  • Jun 19, 2014: DELIVERED TO ASSEMBLY
  • Jun 19, 2014: PASSED SENATE
  • Jun 19, 2014: ORDERED TO THIRD READING CAL.1597
  • Jun 19, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 16, 2014: PRINT NUMBER 2518B
  • Jun 16, 2014: AMEND AND RECOMMIT TO CODES
  • Jan 8, 2014: REFERRED TO CODES
  • Jun 13, 2013: PRINT NUMBER 2518A
  • Jun 13, 2013: AMEND (T) AND RECOMMIT TO CODES
  • Jan 18, 2013: REFERRED TO CODES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 19, 2014
Ayes (22): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Krueger, Montgomery, Parker, Gianaris
Ayes W/R (1): Perkins
Excused (2): Hassell-Thompson, Espaillat

Memo

BILL NUMBER:S2518B

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.


Text

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus