Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 07, 2009 |
referred to codes |
Senate Bill S168
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S168 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add ยง130.36, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2309
2009-S168 (ACTIVE) - Summary
Creates the offense of aggravated rape when a person engages in sexual intercourse or deviate sexual intercourse by forcible compulsion and such intercourse results in serious physical injury or is committed by a person who agrees with another to cause the performance of the same or is committed during the commission of an assault, homicide, other sex offenses, kidnapping or related offenses.
2009-S168 (ACTIVE) - Sponsor Memo
BILL NUMBER: S168 TITLE OF BILL : An act to amend the penal law, in relation to aggravated rape PURPOSE/SUMMARY OF PROVISIONS : To establish a new category of rape, "aggravated rape", which may be charged when a person engages in sexual intercourse with another by forcible compulsion and factors are present which increase the severity of the offense. This bill adds a new section 130.36 to the penal law which creates the crime of aggravated rape, a class A felony. A person would commit aggravated rape when he or she engages in forcible sexual intercourse or deviate sexual intercourse with another person and such intercourse results: in physical injury OR is committed in conjunction with one or more individuals: OR is committed during the commission of certain offenses: defined in articles 120 (Assault except for "menacing", and assault in the 3rd degree) i 125 (homicide, abortion and related offenses except for "self-abortion"); 135 (kidnapping, coercion and related offenses); 160
2009-S168 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 168 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sen. KRUGER -- 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 aggravated rape THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 130.36 to read as follows: S 130.36 AGGRAVATED RAPE. A PERSON IS GUILTY OF AGGRAVATED RAPE WHEN HE OR SHE ENGAGES IN SEXUAL INTERCOURSE OR DEVIATE SEXUAL INTERCOURSE WITH ANOTHER PERSON: 1. BY FORCIBLE COMPULSION; AND 2. SUCH SEXUAL INTERCOURSE OR DEVIATE SEXUAL INTERCOURSE: (A) RESULTS IN OR IS COMMITTED WITH ACTS RESULTING IN SERIOUS PHYSICAL INJURY, OR (B) IS COMMITTED BY A PERSON WHO AGREES WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH SEXUAL INTERCOURSE OR DEVIATE SEXUAL INTERCOURSE, OR (C) IS COMMITTED DURING THE COMMISSION OR ATTEMPTED COMMISSION OF AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY (EXCEPT AN OFFENSE DEFINED IN EITHER SECTION 120.00 OR 120.15 OF SUCH ARTICLE), ONE HUNDRED TWEN- TY-FIVE, (EXCEPT AN OFFENSE DEFINED IN EITHER SECTION 125.50 OR 125.55 OF SUCH ARTICLE) ONE HUNDRED THIRTY-FIVE OR ONE HUNDRED SIXTY OF THIS CHAPTER. AGGRAVATED RAPE IS A CLASS A-II FELONY. S 2. This act shall take effect on the first of November next succeed- ing the year in which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02694-01-9
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