Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 02, 2009 |
referred to codes |
Senate Bill S1481
2009-2010 Legislative Session
Sponsored By
(R, C, IP) 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
co-Sponsors
(R, IP) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
2009-S1481 (ACTIVE) - Details
2009-S1481 (ACTIVE) - Summary
Establishes offenses of sexual assault against a child by a person in a position of trust for the subjection of a child to sexual contact by a person in a position of trust; defines "person in position of trust" as a person charged with the duty or responsibility for health, education, welfare or supervision of a child; such offenses shall be violent felony offenses.
2009-S1481 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1481 TITLE OF BILL : An act to amend the penal law, in relation to sexual assault against a child by a person in a position of trust PURPOSE : To increase criminal penalties for sexual contact between a minor and a person in a position of trust. SUMMARY OF PROVISIONS : Adds a new section to Article 130 of the Penal Law entitled sexual assault against a child by a person in a position of trust and amends Section 70.02 to include this new crime as a violent felony offense. Also amends the penal law by adding the definition of a person in a position of trust. EXISTING LAW : There are prohibitions against sexual contact with a minor but the law does not presently increase the penalties with regard to a person in a position of trust. JUSTIFICATION : Parents are not with their children every moment of every day. It is
2009-S1481 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1481 2009-2010 Regular Sessions I N S E N A T E February 2, 2009 ___________ Introduced by Sens. SKELOS, ALESI, BONACIC, DeFRANCISCO, FARLEY, FUSCHILLO, GOLDEN, GRIFFO, HANNON, LANZA, LAVALLE, LEIBELL, LITTLE, MARCELLINO, MAZIARZ, MORAHAN, SALAND, SEWARD, VOLKER, WINNER -- 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 assault against a child by a person in a position of trust THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (b) and (d) 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 (d) 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, SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF TRUST IN THE FIRST DEGREE AS DEFINED IN SECTION 130.97, assault on a peace officer, police offi- cer, fireman or emergency medical services professional as defined in section 120.08, gang assault in the second degree as defined in section 120.06, 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02253-02-9
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