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S3861Senate2017-2018 SessionSame asA5412

Protect Transit Riders from Assault

Official title

“Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation”

Sponsor Diane J. SavinoSD-23+2 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Codes

What's happening

This bill increases penalties for sexual abuse and public lewdness committed by passengers on public transportation in New York.

Why it matters

  1. Targets behavior in public transit. The bill specifically addresses sexual abuse and public lewdness when committed by passengers on public transportation, acknowledging the unique vulnerability of riders and the prevalence of such incidents in these settings.

  2. Creates stricter legal consequences. By amending existing laws to include these crimes when committed on public transit, the bill increases the potential penalties, aiming to serve as a stronger deterrent and to prioritize rider safety.

  3. Reflects societal concern over harassment. The legislation responds to ongoing public concern about sexual harassment and assault in crowded or confined public spaces, signaling that these environments warrant heightened legal protection.

  4. May affect reporting and enforcement. With clearer legal language and harsher penalties, this bill could encourage more victims to report incidents and give law enforcement additional tools to address inappropriate or criminal conduct on buses, trains, and subways.

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Headline styles

Protect Transit Riders from Assault

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Diane J. Savino

Senator · Senate District 23

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 59–2
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.476
  7. Referred to codes
  8. Returned to senate
  9. Died in assembly
  10. Referred to codes
  11. Delivered to assembly
  12. Passed senateVote 58–4
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.656
  4. 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.

A5412Assembly

Crack Down on Transit Assaults

In Assembly Committee · Codes · Sponsor Michael Cusick

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3861

2017-2018 Regular Sessions

IN SENATE

January 27, 2017

Introduced by Sen. SAVINO -- 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 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

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 130.65 of the penal law is amended by adding a new subdivision 2-a to read as follows:

2-a. Intentionally, and with the sole purpose of sexual gratification, and without the consent of the other person while a passenger on public transportation; or

§ 2. Subdivision 2 of section 245.03 of the penal law, as added by chapter 186 of the laws of 2014, is amended and a new subdivision 3 is added to read as follows:

2. he or she commits the crime of public lewdness, as defined in section 245.00 of this article, and within the preceding year has been convicted of an offense defined in such section 245.00 or this section[.]; or

3. he or she commits the crime of public lewdness, as defined in section 245.00 of this article, while a passenger on public transportation.

§ 3. This act shall take effect on the sixtieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08341-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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 D 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 that 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

Effective date

60th day after becoming law

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