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
1 Co-sponsor
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 52–9
- Amended on third reading (t) 3243a
- Ordered to third reading cal.217
- Committee discharged and committed to rules
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 57–5
Show 3 earlier actions
- Ordered to third reading cal.854
- Committee discharged and committed to rules
- 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.
Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation
In Assembly Committee · Codes · Sponsor Michael Cusick
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation; in relation to public lewdness while a passenger on public transportation
Purpose
To create the penalty of aggravated sexual contact in the first degree as a class B felony and to include public lewdness while a passenger on public transportation as a class a misdemeanor.
Summary of provisions
§ 1 - adds a new subdivision 2-a to section 130.65 of the penal law - making it sexual abuse in the 1st degree if a person intentionally and with the sole purpose of sexual gratification and without the consent of the other person while a passenger on public transportation.
§ 2 - adds a new subdivision 3 to subdivision 2 of section 245.03 of the penal law to include public lewdness while a passenger on public transportation
Existing law
The acts covered under this legislation currently only carry misdemeanor punishments; this law seeks to raise "grinding" to a felony level penalty and ensure that public lewdness on public transportation is raised to the highest level of misdemeanor.
Justification
A Court of Appeals decision allowed a chronic pervert who masturbated on three subway riders off without prison time. Although the District Attorney sought felony charges, the state's highest court threw out the felony charges because there was no proof the victim felt threatened with violence, resulting in only a misdemeanor sex abuse charge carrying a maximum of three months.
These subway "grinders" as they are euphemistically referred to by law enforcement are sexual deviants who prey upon victims who are going about their daily commute and have no means of escape.This law seeks to raise these acts to a felony status.
It would establish this crime as a class D felony which could carry any of the following sentences depending upon prior criminal record - probation to 1-3 to 7 years and for public lewdness the crime is a class A misdemeanor and carries a penalty of up to 1 year imprisonment.
Legislative history
2012 Session - New Bill - referred to Rules Committee 2013 - 14 Session - S. 2518-B - passed Senate 2015-16 Session - S.3243 - passed Senate
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.