Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 |
referred to codes |
Feb 17, 2011 |
referred to codes |
Senate Bill S3386
2011-2012 Legislative Session
Sponsored By
(R) 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
(D, IP) Senate District
2011-S3386 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add ยง70.11, Pen L
- Versions Introduced in 2009-2010 Legislative Session:
-
S2540
2011-S3386 (ACTIVE) - Summary
Authorizes the chemical treatment of violent felony sex offenders with medroxyprogesterone acetate (MPA) treatment according to a schedule of administration monitored by the department of correctional services; provides that treatment may be directed by the court sentence or may be voluntary; makes such a treatment sentence contingent on approval by a court appointed medical examiner.
2011-S3386 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3386 TITLE OF BILL: An act to amend the penal law, in relation to chemical treatment of sex offenders PURPOSE: To require the chemical castration of convicted repeat sexual offenders and to provide for possible chemical castration of first time sexual offenders. SUMMARY OF PROVISIONS: Currently, convicted sexual offenders do not undergo any medical treatment to help control their sexual deviance once released back into the community. This legislation will provide medical treatment for repeat and possible first time sexual offenders in order to help control their sexual behavior. The legislation provides for an evaluation of the offender by a medical expert to determine appropriate candidacy for the treatment. The failure by the accused to comply with the provisions of this legislation shall be a Class A misdemeanor. JUSTIFICATION: This legislation targets those criminals who have been convicted of a crime in which recidivism rates are high. It aims to help these
2011-S3386 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3386 2011-2012 Regular Sessions I N S E N A T E February 17, 2011 ___________ Introduced by Sen. LAVALLE -- 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 chemical treatment of sex offenders 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 70.11 to read as follows: S 70.11 CHEMICAL TREATMENT OF SEX OFFENDERS. 1. (A) A PERSON CONVICTED OF A FIRST VIOLENT FELONY SEX OFFENSE PURSU- ANT TO ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER AND WHICH OFFENSE IS ALSO DEFINED AS A VIOLENT FELONY PURSUANT TO SECTION 70.02 OF THIS ARTI- CLE MAY BE SENTENCED TO UNDERGO MEDROXYPROGESTERONE ACETATE (MPA) TREAT- MENT OR ITS CHEMICAL EQUIVALENT, ACCORDING TO A SCHEDULE OF ADMINIS- TRATION MONITORED BY THE DEPARTMENT OF CORRECTIONAL SERVICES. (B) A PERSON CONVICTED OF A VIOLENT FELONY SEX OFFENSE SHALL BE SENTENCED TO UNDERGO MEDROXYPROGESTERONE ACETATE (MPA) TREATMENT OR ITS CHEMICAL EQUIVALENT ACCORDING TO A SCHEDULE OF ADMINISTRATION MONITORED BY THE DEPARTMENT OF CORRECTIONAL SERVICES WHEN THE DEFENDANT HAS A PRIOR CONVICTION OF A VIOLENT FELONY SEX OFFENSE. (C) A PERSON CONVICTED OF A FIRST OFFENSE WHO IS NOT SENTENCED TO UNDERGO MEDROXYPROGESTERONE ACETATE (MPA) TREATMENT OR ITS CHEMICAL EQUIVALENT, MAY VOLUNTARILY UNDERGO SUCH TREATMENT UPON WRITTEN MOTION BY THE DEFENDANT PROVIDING THE DEFENDANT'S KNOWING AND VOLUNTARY CONSENT. IF THE COURT SENTENCES A DEFENDANT TO BE TREATED WITH MEDROXY- PROGESTERONE ACETATE (MPA) OR ITS CHEMICAL EQUIVALENT, THE PENALTY MAY NOT BE ISSUED IN LIEU OF, OR REDUCE, ANY OTHER PENALTY. HOWEVER, IN LIEU OF TREATMENT WITH MEDROXYPROGESTERONE ACETATE (MPA) OR ITS CHEMICAL EQUIVALENT, THE COURT MAY ORDER THE DEFENDANT TO UNDERGO PHYSICAL CASTRATION UPON WRITTEN MOTION BY THE DEFENDANT PROVIDING THE DEFEND- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09108-01-1
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