Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Oct 09, 2009 |
signed chap.485 |
Sep 29, 2009 |
delivered to governor |
Sep 10, 2009 |
returned to assembly passed senate 3rd reading cal.978 substituted for s6071 |
Sep 10, 2009 |
substituted by a8781 ordered to third reading cal.978 |
Jun 29, 2009 |
referred to rules |
Senate Bill S6071
Signed By Governor2009-2010 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status Via A8781 - Signed by Governor
- 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
Votes
2009-S6071 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8781
- Law Section:
- Penal Law
- Laws Affected:
- Amd ยงยง130.00, 130.65-a, 130.66, 130.67 & 130.70, Pen L
2009-S6071 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6071 TITLE OF BILL : An act to amend the penal law, in relation to aggravated sexual abuse PURPOSE : To make the aggravated sexual abuse statutes consistent with the criminal sexual act statutes by adding the word "anus" to the list of certain parts of the body of a victim. SUMMARY OF PROVISIONS : Section 1 through 6 amends the penal law to include the word "anus" to the list of certain body parts in for purposes relating to defining aggravated sexual contact and aggravated sexual abuse in the first, second, third and fourth degrees. Section 7 sets the effective date. JUSTIFICATION : This legislation makes the aggravated sexual abuse statutes consistent with the criminal sexual act statutes. Currently, the word "rectum" is in the aggravated sexual abuse statutes, whereas "anus" is the word used in the criminal sexual act statutes. Both statutes criminalize sexual assault, yet the inconsistency in the statutes has resulted in unintended and inconsistent results. There is a medical/anatomical
2009-S6071 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6071 2009-2010 Regular Sessions I N S E N A T E June 29, 2009 ___________ Introduced by Sen. SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to aggravated sexual abuse THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 9 of section 130.00 of the penal law, as amended by chapter 696 of the laws of 1981, is amended to read as follows: 9. "Foreign object" means any instrument or article which, when inserted in the vagina, urethra, penis [or], rectum OR ANUS, is capable of causing physical injury. S 2. Subdivision 11 of section 130.00 of the penal law, as added by chapter 122 of the laws of 1996, is amended to read as follows: 11. "Aggravated sexual contact" means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis [or], rectum OR ANUS of a child, thereby causing physical injury to such child. S 3. Subdivision 1 of section 130.65-a of the penal law, as added by chapter 1 of the laws of 2000, is amended to read as follows: 1. A person is guilty of aggravated sexual abuse in the fourth degree when: (a) He or she inserts a foreign object in the vagina, urethra, penis [or], rectum OR ANUS of another person and the other person is incapable of consent by reason of some factor other than being less than seventeen years old; or (b) He or she inserts a finger in the vagina, urethra, penis [or], rectum OR ANUS of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than seventeen years old. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14175-01-9 S. 6071 2
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