What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- 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.
Includes individuals with a mental defect as a victim under sexual abuse in the first degree
In Assembly Committee · Codes · Sponsor Aileen Gunther
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S6361
Title of bill
An act to amend the penal law, in relation to including individuals with a mental defect as a victim under sexual abuse in the first degree
Purpose
The purpose of this legislation is amend sexual abuse in the first degree to include a victim's mental disability as grounds for this felony charge.
Summary of provisions
Section 1 adds a new subdivision 5 to Section 130.65 of the penal law, as amended by chapter 26 of the laws of 2011. The new subdivision 5 reads: When the other person has a mental disease or defect. Section 2 sets the effective date to begin on the 90th day after becoming law.
Existing law
New York law does not sufficiently protect our mentally disabled population with respect to sexual abuse. It is only a misdemeanor to sexually abuse a mentally disabled person (Sexual Abuse in the Second Degree, Penal Law § 130.60(1). The crime is only a felony if the person is 1) less than eleven years old; 2) is physically helpless; or 3) forcible compulsion is used. Rape in the Second Degree, Penal Law § 130.30(2) makes it a felony to rape or engage in a criminal sexual act with a mentally disabled individual and Criminal Sexual Act in the second Degree, penal Law § 130.45(2). Both are only D felonies and the penalties imposed for these crimes are inadequate.
Justification
In a recent court decision (NYS v Maclean) vacated the jury's verdict of guilty on the felony forcible compulsion count Class B Felony of Sexual Abuse 1st Degree on the issue of what constitutes forcible compulsion when a twelve year old, severely handicapped and disabled girl is sexually abused by an adult. The Penal Law Felony sanctions and protection are not provided for by current law where the child/infant does not resist and is incapable of articulating a fear or threat of death or serious injury as required by the Penal Law statutory definition of "physical compulsion."
Legislative history
2011-12: S 621, Referred to Codes 2009-10: S6285 Referred to Codes 2007-08: S.8759 Referred to Rules
Fiscal implications
None.
Effective date
First day of November next succeeding its enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.