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S7237Senate2013-2014 SessionSame asA7323

Establishes the crimes of forcible touching in the second and first degrees as a class A misdemeanor and class E felony, respectively

Sponsor Martin J. GoldenSD-22Affects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

No co-sponsors yet.

History

  1. Print number 7237c
  2. Amend and recommit to codes
  3. Print number 7237b
  4. Amend and recommit to codes
  5. Print number 7237a
  6. Amend and recommit to codes
  7. 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.

A7323Assembly

Establishes the crimes of forcible touching in the second and first degrees as a class A misdemeanor and class E felony, respectively

In Assembly Committee · Codes · Sponsor Aravella Simotas

Full text

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

Sponsor's memo

BILL NUMBER:S7237C

Title of bill

An act to amend the penal law, in relation to forcible touching on public transportation

Purpose

To amend the penal law to make it a crime for a person to rub his or her sexual or intimate body parts on another person while aboard public transportation.

Summary of provisions

Section one of the bill amends section 130.52 of the Penal Law relating to forcible touching in the second degree to provide that when a person intentionally touches or rubs his or her sexual or intimate body parts on another person, clothed or unclothed, for the purpose of gratifying his or her sexual desire or with the intent to degrading or abusing such other person while they are a passenger on public transportation, it is a class A misdemeanor.

Section two of the bill adds new section 130.52-a to the Penal Law to establish the offense of forcible touching in the first degree. This offense, which is a class E felony, is committed when a person commits the crime of forcible touching in the second degree and emits certain bodily fluids onto such other person.

Justification

According to the Manhattan District Attorney, Darnell Hardware "entered a crowded subway train during rush hour, pressed his body against a female victim, and rubbed his penis on her. Because of the crowded subway car, the women were unable to move away from the defendant, who ejaculated on the women's bodies and clothing, and then fled. The victims were young women commuting to and from work or school." Currently, the Penal Law fails to clearly address these abhorrent acts. Darnell Hardware and others like him avoid prison because the law fails to address the seriousness of this crime.

This measure closes this loophole and recognizes that these disgusting crimes on public transportation are particularly egregious because riders are essentially captives of their attackers. No person should have to endure the sickening feeling of being masturbating against by a stranger in an enclosed space.

Fiscal implications

None.

Effective date

This act shall take effect on the first day of November after it shall have become law.

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