What's happening
The bill adds individuals with a mental disease or defect as protected victims under first-degree sexual abuse law.
Why it matters
Expands Protection for Vulnerable Individuals. By explicitly including people with a mental disease or defect in first-degree sexual abuse statutes, the bill recognizes their increased vulnerability and need for legal protection, which may have previously been ambiguous or insufficient under existing law.
Strengthens Legal Accountability. The amendment makes it clear that sexual abuse against individuals with mental incapacities is treated as severely as abuse against minors, which could lead to harsher penalties and deter potential offenders.
Addresses Gaps in Justice. This change helps close a loophole where perpetrators might have avoided first-degree charges by exploiting ambiguities around victims’ mental capacity, ensuring more consistent prosecution and justice for vulnerable victims.
Reinforces Societal Values. The bill signals a commitment to safeguarding the rights and dignity of people with mental illnesses or defects, reflecting evolving standards of equality and protection in the criminal justice system.
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Who cares
Headline styles
Protect Mentally Disabled from Abuse
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
3 Multi-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3713
2019-2020 Regular Sessions
IN ASSEMBLY
January 30, 2019
Introduced by M. of A. GUNTHER, ZEBROWSKI, OTIS, MONTESANO -- Multi- Sponsored by -- M. of A. CROUCH, McDONOUGH, RIVERA -- read once and referred to the Committee on Codes
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 130.65 of the penal law, as amended by chapter 26 of the laws of 2011, is amended and a new subdivision 5 is added to read as follows:
4. When the other person is less than thirteen years old and the actor is twenty-one years old or older[.]; or
5. When the other person has a mental disease or defect.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01105-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.