S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8067

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2009
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Codes

AN  ACT to amend the public health law, the penal law, the executive law
  and the correction law, in relation to sex offenses facilitated by the
  use of drugs commonly referred to as "date rape drugs"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph (b) of subdivision 4-b of section 2805-i of the
public health law is amended by adding a new subparagraph 4 to  read  as
follows:
  (4)  NO  LATER  THAN  FOUR  HOURS  AFTER ARRIVING AT THE HOSPITAL, THE
VICTIM SHALL, DURING THE EXAMINATION BY A SEXUAL ASSAULT FORENSIC  EXAM-
INER,  HAVE  HIS  OR  HER BLOOD DRAWN AND TESTED FOR GAMMA HYROXYBUTYRIC
ACID (GHB), ROHYPNOL (FLUNITRAZEPAM), AND KETAMINE (KETAMINE  HYDROCHLO-
RIDE),  COMMONLY  KNOWN  AS  "DATE RAPE DRUGS". SUCH TESTED MATERIAL AND
RESULTS SHALL BE COLLECTED AND MAINTAINED AS EVIDENCE PURSUANT TO SUBDI-
VISION TWO OF THIS SECTION.
  S 2. Section 130.90 of the penal law, as added by  chapter  1  of  the
laws  of  2000 and subdivisions 1 and 2 as amended by chapter 264 of the
laws of 2003, is amended to read as follows:
S 130.90 Facilitating a sex offense with a controlled substance  IN  THE
           FIRST DEGREE.
  A  person  is  guilty  of facilitating a sex offense with a controlled
substance IN THE FIRST DEGREE when he or she:
  1. knowingly and unlawfully possesses [a] ONE OR MORE OF THE FOLLOWING
controlled [substance or any preparation, compound, mixture or substance
that requires a prescription to obtain] SUBSTANCES; GAMMA  HYROXYBUTYRIC
ACID  (GHB);  ROHYPNOL (FLUNITRAZEPAM); OR KETAMINE (KETAMINE HYDROCHOL-
RIDE), COMMONLY  KNOWN  AS  "DATE  RAPE  DRUGS",  and  administers  such
substance  [or preparation, compound, mixture or substance that requires
a prescription to obtain] OR SUBSTANCES to another person  without  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04274-01-9
              

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person's  consent  and with intent to commit against such person conduct
constituting a felony defined in this article; and
  2.  commits  or  attempts to commit such conduct constituting a felony
defined in this article.
  Facilitating a sex offense with a controlled substance  IN  THE  FIRST
DEGREE is a class [D] C felony.
  S  3.  The penal law is amended by adding a new section 130.89 to read
as follows:
S 130.89 FACILITATING A SEX OFFENSE WITH A CONTROLLED SUBSTANCE  IN  THE
           SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF FACILITATING A SEX OFFENSE WITH A CONTROLLED
SUBSTANCE IN THE SECOND DEGREE WHEN HE OR SHE:
  1. KNOWINGLY AND UNLAWFULLY POSSESSES A CONTROLLED  SUBSTANCE  OR  ANY
PREPARATION, COMPOUND, MIXTURE OR SUBSTANCE, OTHER THAN THOSE CONTROLLED
SUBSTANCES  LISTED  IN  SECTION  130.90 OF THIS ARTICLE, THAT REQUIRES A
PRESCRIPTION TO OBTAIN AND ADMINISTERS SUCH  SUBSTANCE  OR  PREPARATION,
COMPOUND, MIXTURE OR SUBSTANCE THAT REQUIRES A PRESCRIPTION TO OBTAIN TO
ANOTHER  PERSON  WITHOUT SUCH PERSON'S CONSENT AND WITH INTENT TO COMMIT
AGAINST SUCH PERSON CONDUCT CONSTITUTING A FELONY DEFINED IN THIS  ARTI-
CLE; AND
  2.  COMMITS  OR  ATTEMPTS TO COMMIT SUCH CONDUCT CONSTITUTING A FELONY
DEFINED IN THIS ARTICLE.
  FACILITATING A SEX OFFENSE WITH A CONTROLLED SUBSTANCE IN  THE  SECOND
DEGREE IS A CLASS D FELONY.
  S  4.  Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (b) as separately amended by chapters 764  and  765
of  the  laws  of  2005 and paragraph (c) as amended by chapter 7 of the
laws of 2007, are amended to read as follows:
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B  felonies  set  forth  in  paragraph (a); aggravated criminally
negligent homicide as defined in section 125.11, aggravated manslaughter
in the second degree as defined in  section  125.21,  aggravated  sexual
abuse  in  the  second degree as defined in section 130.67, assault on a
peace officer, police officer, fireman  or  emergency  medical  services
professional  as  defined  in section 120.08, gang assault in the second
degree as defined in section 120.06, FACILITATING A SEX OFFENSE  WITH  A
CONTROLLED  SUBSTANCE  IN THE FIRST DEGREE AS DEFINED IN SECTION 130.90,
burglary in the second degree as defined in section 140.25,  robbery  in
the second degree as defined in section 160.10, criminal possession of a
weapon  in  the second degree as defined in section 265.03, criminal use
of a firearm in the second degree as defined in section 265.08, criminal
sale of a firearm in the second degree as  defined  in  section  265.12,
criminal sale of a firearm with the aid of a minor as defined in section
265.14,  soliciting  or providing support for an act of terrorism in the
first degree as defined in  section  490.15,  hindering  prosecution  of
terrorism  in the second degree as defined in section 490.30, and crimi-
nal possession of a chemical weapon or biological weapon  in  the  third
degree as defined in section 490.37.
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in  subdivision
one  of  section 120.60, rape in the second degree as defined in section
130.30, criminal sexual act in the second degree as defined  in  section
130.45,  sexual  abuse in the first degree as defined in section 130.65,

A. 8067                             3

course of sexual conduct against a child in the second degree as defined
in section 130.80, aggravated  sexual  abuse  in  the  third  degree  as
defined  in section 130.66, facilitating a sex offense with a controlled
substance  IN  THE  SECOND DEGREE as defined in section [130.90] 130.89,
criminal possession of a weapon in the third degree as defined in subdi-
vision five, six, seven or eight of section 265.02, criminal sale  of  a
firearm in the third degree as defined in section 265.11, intimidating a
victim  or  witness  in  the second degree as defined in section 215.16,
soliciting or providing support for an act of terrorism  in  the  second
degree  as defined in section 490.10, and making a terroristic threat as
defined in section 490.20, falsely reporting an incident  in  the  first
degree  as  defined in section 240.60, placing a false bomb or hazardous
substance in the first degree as defined in section  240.62,  placing  a
false  bomb  or  hazardous  substance in a sports stadium or arena, mass
transportation facility or enclosed shopping mall as defined in  section
240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
first degree as defined in section 405.18.
  S 5. Subdivision 2-f of section 70.25 of the penal law,  as  added  by
chapter 1 of the laws of 2000, is amended to read as follows:
  2-f. Whenever a person is convicted of FACILITATING A SEX OFFENSE WITH
A CONTROLLED SUBSTANCE IN THE SECOND DEGREE AS DEFINED IN SECTION 130.89
OR  facilitating  a sex offense with a controlled substance IN THE FIRST
DEGREE as defined in  section  130.90  of  this  chapter,  the  sentence
imposed by the court for such offense may be ordered to run consecutive-
ly  to  any  sentence  imposed  upon conviction of an offense defined in
article one hundred thirty of this chapter arising from the same  crimi-
nal transaction.
  S  6.  Paragraph  (d) of subdivision 7 of section 995 of the executive
law, as amended by chapter 2 of the laws of 2006, is amended to read  as
follows:
  (d)  any  of  the following felonies, or an attempt thereof where such
attempt is a felony offense:
  aggravated assault upon a  person  less  than  eleven  years  old,  as
defined  in  section  120.12  of  the  penal  law; menacing in the first
degree, as defined in section 120.13 of the penal law;  reckless  endan-
germent  in  the first degree, as defined in section 120.25 of the penal
law; stalking in the second degree, as defined in section 120.55 of  the
penal  law;  criminally negligent homicide, as defined in section 125.10
of the penal law;  vehicular  manslaughter  in  the  second  degree,  as
defined  in  section  125.12 of the penal law; vehicular manslaughter in
the first degree, as  defined  in  section  125.13  of  the  penal  law;
persistent  sexual abuse, as defined in section 130.53 of the penal law;
aggravated sexual abuse in the fourth  degree,  as  defined  in  section
130.65-a  of  the  penal  law;  female genital mutilation, as defined in
section 130.85 of the penal law;  FACILITATING  A  SEX  OFFENSE  WITH  A
CONTROLLED  SUBSTANCE IN THE SECOND DEGREE, AS DEFINED IN SECTION 130.89
OF THE PENAL LAW; facilitating a sex offense with a controlled substance
IN THE FIRST DEGREE, as defined in section  130.90  of  the  penal  law;
unlawful  imprisonment in the first degree, as defined in section 135.10
of the penal law; custodial interference in the first degree, as defined
in section 135.50 of the penal  law;  criminal  trespass  in  the  first
degree,  as defined in section 140.17 of the penal law; criminal tamper-
ing in the first degree, as defined in section 145.20 of the penal  law;
tampering  with  a  consumer  product in the first degree, as defined in
section 145.45 of the penal law; robbery in the third degree as  defined
in section 160.05 of the penal law; identity theft in the second degree,

A. 8067                             4

as  defined  in  section  190.79 of the penal law; identity theft in the
first degree, as defined in section 190.80 of the penal  law;  promoting
prison  contraband  in the first degree, as defined in section 205.25 of
the  penal law; tampering with a witness in the third degree, as defined
in section 215.11 of the penal law; tampering  with  a  witness  in  the
second  degree, as defined in section 215.12 of the penal law; tampering
with a witness in the first degree, as defined in section 215.13 of  the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions  (b),  (c)  and (d) of section 215.51 of the penal law; aggravated
criminal contempt, as defined in section 215.52 of the penal  law;  bail
jumping  in the second degree, as defined in section 215.56 of the penal
law; bail jumping in the first degree, as defined in section  215.57  of
the penal law; patronizing a prostitute in the second degree, as defined
in  section  230.05  of  the  penal law; patronizing a prostitute in the
first degree, as defined in section 230.06 of the penal  law;  promoting
prostitution  in  the second degree, as defined in section 230.30 of the
penal law; promoting prostitution in the first  degree,  as  defined  in
section  230.32 of the penal law; compelling prostitution, as defined in
section 230.33 of the penal law;  disseminating  indecent  materials  to
minors  in  the second degree, as defined in section 235.21 of the penal
law; disseminating indecent materials to minors in the first degree,  as
defined in section 235.22 of the penal law; riot in the first degree, as
defined in section 240.06 of the penal law; criminal anarchy, as defined
in section 240.15 of the penal law; aggravated harassment of an employee
by  an  inmate,  as defined in section 240.32 of the penal law; unlawful
surveillance in the second degree, as defined in section 250.45  of  the
penal  law;  unlawful  surveillance  in  the first degree, as defined in
section 250.50 of the penal law; endangering the welfare of a vulnerable
elderly person in the second degree, as defined in section 260.32 of the
penal law; endangering the welfare of a vulnerable elderly person in the
first degree, as defined in section 260.34 of the penal law;  use  of  a
child in a sexual performance, as defined in section 263.05 of the penal
law;  promoting  an obscene sexual performance by a child, as defined in
section 263.10 of the penal law; possessing an obscene  sexual  perform-
ance  by a child, as defined in section 263.11 of the penal law; promot-
ing a sexual performance by a child, as defined in section 263.15 of the
penal law; possessing a sexual performance by a  child,  as  defined  in
section  263.16 of the penal law; criminal possession of a weapon in the
third degree, as defined in section 265.02 of the  penal  law;  criminal
sale  of  a firearm in the third degree, as defined in section 265.11 of
the penal law; criminal sale of a firearm to  a  minor,  as  defined  in
section  265.16  of  the  penal law; unlawful wearing of a body vest, as
defined in section 270.20 of the penal law; hate crimes  as  defined  in
section  485.05  of the penal law; and crime of terrorism, as defined in
section 490.25 of the penal law; or
  S 7. Subparagraph (ii) of paragraph (a) of subdivision  3  of  section
168-a  of  the  correction law, as amended by chapter 107 of the laws of
2006, is amended to read as follows:
  (ii) a conviction of or a conviction for an attempt to commit  any  of
the  provisions  of  sections 130.53, 130.65-a, 130.89 and 130.90 of the
penal law, or
  S 8. This act shall take effect on the ninetieth day  after  it  shall
have become a law.