S655-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S655-2013 Memo

BILL NUMBER:S655

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 is 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.1618 of 2011
01/10/11 REFERRED TO CODES
03/08/11 1ST REPORT CAL. 174
03/09/11 2ND REPORT CAL.
03/10/11 ADVANCED TO THIRD READING
03/31/11 PASSED SENATE
03/31/11 DELIVERED TO ASSEMBLY
03/31/11 REFERRED TO CODES
01/04/12 DIED IN ASSEMBLY
01/04/12 RETURNED TO SENATE
01/04/12 REFERRED TO CODES
01/18/12 FIRST REPORT CAL. 59
01/19/12 2ND REPORT CAL
01/23/12 ADVANCED TO THIRD READING
01/30/12 PASSED SENATE
01/30/12 DELIVERED TO ASSEMBLY
01/30/12 REFERRED TO CODES


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S655-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          655
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 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.
 LBD01798-01-3

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