S T A T E O F N E W Y O R K
________________________________________________________________________
4028
2011-2012 Regular Sessions
I N A S S E M B L Y
February 1, 2011
___________
Introduced by M. of A. CAMARA, GUNTHER, REILLY, BARRON, CASTRO, AUBRY,
BOYLAND -- Multi-Sponsored by -- M. of A. COOK, CORWIN, CROUCH, HOOP-
ER, McDONOUGH, McKEVITT, MOLINARO, PHEFFER, RAIA, SAYWARD, WEISENBERG
-- 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 HYDROXYBUTYRIC
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 HYDROXYBUTYRIC
ACID (GHB), ROHYPNOL (FLUNITRAZEPAM), OR KETAMINE (KETAMINE HYDROCHLO-
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.
LBD03997-01-1
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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, as amended by chapter 405 of the laws of 2010, 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) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated 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, strangulation in the
first degree as defined in section 121.13, 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 criminal possession of a chemical weapon or biolog-
ical 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, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in section 130.45,
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sexual abuse in the first degree as defined in section 130.65, 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
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in section 160.05 of the penal law; identity theft in the second degree,
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]
MATERIAL to minors in the second degree, as defined in section 235.21 of
the penal law; disseminating indecent [materials] MATERIAL 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; crimi-
nal 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, OR AN INCOMPETENT OR PHYSICALLY
DISABLED PERSON in the second degree, as defined in section 260.32 of
the penal law; endangering the welfare of a vulnerable elderly person,
OR AN INCOMPETENT OR PHYSICALLY DISABLED 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 performance by a child, as
defined in section 263.11 of the penal law; promoting a sexual perform-
ance by a child, as defined in section 263.15 of the penal law; possess-
ing 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.