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S1989Senate2009-2010 SessionSame asA1067

Relates to the offense of sexual abuse in the first degree

Sponsor Joseph A. GriffoSD-47+1 co-sponsorAffects Legal
Status
Senate Floor Calendar
Impact
Pending
Passage
Pending

Bill progress

Step 3 of 7

Floor calendar · May 24

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Sponsors

Primary sponsor
Joseph A. Griffo

Senator · Senate District 47

1 Co-sponsor

History

  1. Substituted by A1067A
  2. Amended on third reading 1989a
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.494
  6. Referred to codes
  7. Committed to rules
  8. Advanced to third reading
  9. 2nd report cal.
  10. 1st report cal.211
  11. Motion to discharge - carried - roll call vote
  12. Motion to discharge filed
Show 1 earlier action
  1. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1067Assembly

Relates to the offense of sexual abuse in the first degree

Senate Floor Calendar · Sponsor RoAnn Destito

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S1989A

Title of bill

An act to amend the penal law, in relation to sexual abuse of a person under the age of thirteen

Purpose

This bill would strengthen New York State's criminal laws that relate to child sex abusers.

Summary of provisions

Section One of this bill would amend Section 130.65 of the Penal Law as amended by Chapter 1 of the Laws of 2000, by providing that a person is guilty of sexual abuse in the first degree when he or she is twenty-one years old or older and subjects another person to sexual contact who is less than thirteen years old.

Section Two of this bill would provide for the effective date.

Justification

In 2001, the New York State Legislature enacted the Sexual Assault Reform Act. Among the changes made to the Penal Law at that time were subdivisions to Rape in the First Degree, Section 130.35(4) and Criminal Sexual Act (formerly Sodomy) in the First Degree, Section 130.50(4). These new subdivisions made it a class B violent felony when a perpetrator over the age of eighteen had sexual intercourse or anal or oral contact with a victim under the age of thirteen. No change in age was made at that time to the crime of Sexual Abuse in the First Degree, Section 130.65 which makes it a class D violent felony only when the victim is under the age of eleven. Thus, a perpetrator would be guilty of only a class A misdemeanor if he or she subjects a child who is eleven or twelve years old to sexual contact.

This legislation would add a subdivision four to Sexual Abuse in the First Degree, making it a class D violent felony offense for a child under thirteen to be subjected to sexual contact by a person who is twenty-one years old or older. As the law stands in New York State, a person who puts their hand down the pants of an eleven or twelve year old is subjected to the same penalty as a person who steals a pack of gum from a convenience store; that is unacceptable and this measure will correct that inequity.

Legislative history

2009 - 3rd reading calendar.

Fiscal implications

None.

Effective date

The first of November next succeeding the date on which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.