NY State Senate Bill 2013-S7237C

Senate Bill S7237C

2013-2014 Legislative Session

Establishes the crimes of forcible touching in the second and first degrees as a class A misdemeanor and class E felony, respectively

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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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2014	print number 7237c
Jun 06, 2014	amend and recommit to codes
Jun 03, 2014	print number 7237b
Jun 03, 2014	amend and recommit to codes
May 14, 2014	print number 7237a
May 14, 2014	amend and recommit to codes
May 07, 2014	referred to codes

Bill Amendments

Original

C (Active)

2013-S7237 - Details

See Assembly Version of this Bill:: A7323
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §130.52, add §130.52-a, Pen L
Versions Introduced in 2015-2016 Legislative Session:: A4969

2013-S7237 - Summary

Establishes the crimes of forcible touching in the second and first degrees as a class A misdemeanor and class E felony, respectively.

2013-S7237 - Sponsor Memo

                                BILL NUMBER:S7237

TITLE OF BILL:  An act to amend the penal law, in relation to forcible
touching on public transportation

PURPOSE:

To amend the penal law to make it a crime for a person to rub his or
her sexual or intimate body parts on another person while aboard
public transportation.

SUMMARY OF PROVISIONS:

This bill amends § 130.52 of the Penal Law relating to Forcible
Touching in the second degree, to make it a class A misdemeanor to
intentionally touch or rub ones sexual or intimate body parts on
another person, clothed or unclothed, for the purpose of gratifying
sexual desire, or for the purpose of degrading or abusing such other
person while they are a passenger on public transportation.

The bill further establishes the offense of Forcible Touching in the
first degree, and make it a class E felony to intentionally touch or
rub ones sexual or intimate body parts on another person, clothed or
unclothed, for the purpose of gratifying sexual desire, or for the
purpose of degrading or abusing such other person and emitting
ejaculate upon another person while they are a passenger on public

transportation.

JUSTIFICATION:

According to the Manhattan District Attorney, Darnell Hardware
"entered a crowded subway train during rush hour, pressed his body
against a female victim, and rubbed his penis on her.  Because of the
crowded subway car, the women were unable to move away from the
defendant, who ejaculated on the women's bodies and clothing, and then
fled.The victims were young women commuting to and from work or
school." Currently, the Penal Law fails to clearly address these
abhorrent acts. Darnell Hardware and others like him avoid prison
because the law fails to address the seriousness of this crime.

This measure closes this loophole and recognizes that these disgusting
crimes on public transportation are particularly egregious because
riders are essentially captives of their attackers. No person should
have to endure the sickening feeling of being masturbating against by
a stranger in an enclosed space.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first day of November after it shall
have become law.

2013-S7237 - Bill Text download pdf

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

                                  7237

                            I N  S E N A T E

                               May 7, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  forcible  touching  on
  public transportation

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

  Section 1. Section 130.52 of the penal law, as amended by chapter  264
of the laws of 2003, is amended to read as follows:
S 130.52 Forcible touching IN THE SECOND DEGREE.
  A person is guilty of forcible touching IN THE SECOND DEGREE when such
person intentionally, and for no legitimate purpose[,]:
  (1)  forcibly  touches, SQUEEZES, GRABS OR PINCHES the sexual or other
intimate parts of another person for the purpose of degrading or abusing
such person; or  for  the  purpose  of  gratifying  the  actor's  sexual
desire[.
  For  the  purposes of this section, forcible touching includes squeez-
ing, grabbing or pinching.]; OR
  (2) TOUCHES OR RUBS HIS OR HER SEXUAL OR INTIMATE BODY  PARTS  AGAINST
ANY  BODY  PART OF ANOTHER PERSON, CLOTHED OR UNCLOTHED, FOR THE PURPOSE
OF GRATIFYING SEXUAL DESIRE, OR FOR THE PURPOSE OF DEGRADING OR  ABUSING
SUCH  OTHER  PERSON  WHILE  SUCH  OTHER  PERSON IS A PASSENGER ON A BUS,
TRAIN, OR SUBWAY CAR OPERATED BY ANY TRANSIT AGENCY, AUTHORITY OR COMPA-
NY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED BY NEW  YORK  STATE
OR ANY OF ITS POLITICAL SUBDIVISIONS.
  Forcible touching IN THE SECOND DEGREE is a class A misdemeanor.
  S 2. The penal law is amended by adding a new section 130.52-a to read
as follows:
S 130.52-A FORCIBLE TOUCHING IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF FORCIBLE TOUCHING IN THE FIRST DEGREE WHEN SUCH
PERSON INTENTIONALLY AND FOR NO LEGITIMATE PURPOSE TOUCHES OR  RUBS  HIS
OR  HER  SEXUAL  OR INTIMATE BODY PARTS AGAINST ANY BODY PART OF ANOTHER
PERSON, CLOTHED OR UNCLOTHED,  FOR  THE  PURPOSE  OF  GRATIFYING  SEXUAL
DESIRE, OR FOR THE PURPOSE OF DEGRADING OR ABUSING SUCH OTHER PERSON AND
EMITS  EJACULATE  UPON  ANY  PART  OF SUCH OTHER PERSON WHILE SUCH OTHER

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

                                                           LBD10424-04-4

S. 7237                             2

PERSON IS A PASSENGER ON A BUS, TRAIN, OR SUBWAY  CAR  OPERATED  BY  ANY
TRANSIT AGENCY, AUTHORITY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION
IS AUTHORIZED BY NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
  FORCIBLE TOUCHING IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

2013-S7237A - Details

See Assembly Version of this Bill:: A7323
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §130.52, add §130.52-a, Pen L
Versions Introduced in 2015-2016 Legislative Session:: A4969

2013-S7237A - Summary

Establishes the crimes of forcible touching in the second and first degrees as a class A misdemeanor and class E felony, respectively.

2013-S7237A - Sponsor Memo

                                BILL NUMBER:S7237A

TITLE OF BILL:  An act to amend the penal law, in relation to forcible
touching on public transportation

PURPOSE:

To amend the penal law to make it a crime for a person to rub his or her
sexual or intimate body parts on another person while aboard public
transportation.

SUMMARY OF PROVISIONS:

This bill amends § 130.52 of the Penal Law relating to Forcible Touching
in the second degree, to make it a class A misdemeanor to intentionally
touch or rub ones sexual or intimate body parts on another person,
clothed or unclothed, for the purpose of gratifying sexual desire, or
for the purpose of degrading or abusing such other person while they are
a passenger on public transportation.

The bill further establishes the offense of Forcible Touching in the
first degree, and make it a class E felony to intentionally touch or rub
ones sexual or intimate body parts clothed or unclothed, on another
person, for the purpose of gratifying sexual desire, or for the purpose
of degrading or abusing such other person and emitting ejaculate upon
another person while they are a passenger on public transportation.

JUSTIFICATION:

According to the Manhattan District Attorney, Darnell Hardware "entered
a crowded subway train during rush hour, pressed his body against a
female victim, and rubbed his penis on her. Because of the crowded
subway car, the women were unable to move away from the defendant, who
ejaculated on the women's bodies and clothing, and then fled. The
victims were young women commuting to and from work or school." Current-
ly, the Penal Law fails to clearly address these abhorrent acts. Darnell
Hardware and others like him avoid prison because the law fails to
address the seriousness of this crime.

This measure closes this loophole and recognizes that these disgusting
crimes on public transportation are particularly egregious because
riders are essentially captives of their attackers. No person should
have to endure the sickening feeling of being masturbating against by a
stranger in an enclosed space.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first day of November after it shall
have become law.

2013-S7237A - Bill Text download pdf

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

                                 7237--A

                            I N  S E N A T E

                               May 7, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  penal  law, in relation to forcible touching on
  public transportation

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

  Section  1. Section 130.52 of the penal law, as amended by chapter 264
of the laws of 2003, is amended to read as follows:
S 130.52 Forcible touching IN THE SECOND DEGREE.
  A person is guilty of forcible touching IN THE SECOND DEGREE when such
person intentionally, and for no legitimate purpose[,]:
  (1) forcibly touches, SQUEEZES, GRABS OR PINCHES the sexual  or  other
intimate parts of another person for the purpose of degrading or abusing
such person; or for the purpose of gratifying the actor's sexual desire.
  For  the  purposes of this section, forcible touching includes squeez-
ing, grabbing or pinching; OR
  (2) TOUCHES OR RUBS HIS OR HER SEXUAL OR INTIMATE BODY PARTS,  CLOTHED
OR  UNCLOTHED,  AGAINST  ANY  BODY  PART  OF  ANOTHER PERSON, CLOTHED OR
UNCLOTHED, FOR THE PURPOSE OF  GRATIFYING  SEXUAL  DESIRE,  OR  FOR  THE
PURPOSE  OF  DEGRADING  OR  ABUSING  SUCH  OTHER PERSON WHILE SUCH OTHER
PERSON IS A PASSENGER ON A BUS, TRAIN, OR SUBWAY  CAR  OPERATED  BY  ANY
TRANSIT AGENCY, AUTHORITY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION
IS AUTHORIZED BY NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
  Forcible touching IN THE SECOND DEGREE is a class A misdemeanor.
  S 2. The penal law is amended by adding a new section 130.52-a to read
as follows:
S 130.52-A FORCIBLE TOUCHING IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF FORCIBLE TOUCHING IN THE FIRST DEGREE WHEN SUCH
PERSON INTENTIONALLY AND FOR NO LEGITIMATE PURPOSE TOUCHES OR  RUBS  HIS
OR  HER SEXUAL OR INTIMATE BODY PARTS, CLOTHED OR UNCLOTHED, AGAINST ANY
BODY PART OF ANOTHER PERSON, CLOTHED OR UNCLOTHED, FOR  THE  PURPOSE  OF
GRATIFYING  SEXUAL  DESIRE,  OR  FOR THE PURPOSE OF DEGRADING OR ABUSING

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

                                                           LBD10424-05-4

S. 7237--A                          2

SUCH OTHER PERSON AND EMITS EJACULATE UPON ANY PART OF SUCH OTHER PERSON
WHILE SUCH OTHER PERSON IS A PASSENGER ON A BUS, TRAIN,  OR  SUBWAY  CAR
OPERATED BY ANY TRANSIT AGENCY, AUTHORITY OR COMPANY, PUBLIC OR PRIVATE,
WHOSE  OPERATION IS AUTHORIZED BY NEW YORK STATE OR ANY OF ITS POLITICAL
SUBDIVISIONS.
  FORCIBLE TOUCHING IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

2013-S7237B - Details

See Assembly Version of this Bill:: A7323
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §130.52, add §130.52-a, Pen L
Versions Introduced in 2015-2016 Legislative Session:: A4969

2013-S7237B - Summary

Establishes the crimes of forcible touching in the second and first degrees as a class A misdemeanor and class E felony, respectively.

2013-S7237B - Sponsor Memo

2013-S7237B - Bill Text download pdf

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

                                 7237--B

                            I N  S E N A T E

                               May 7, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law,  in  relation  to  forcible  touching  on
  public transportation

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

  Section 1. Section 130.52 of the penal law, as amended by chapter  264
of the laws of 2003, is amended to read as follows:
S 130.52 Forcible touching IN THE SECOND DEGREE.
  A person is guilty of forcible touching IN THE SECOND DEGREE when such
person intentionally, and for no legitimate purpose[,]:
  (1)  forcibly  touches, SQUEEZES, GRABS OR PINCHES the sexual or other
intimate parts of another person for the purpose of degrading or abusing
such person; or for the purpose of gratifying the actor's sexual desire.
  For the purposes of this section, forcible touching  includes  squeez-
ing, grabbing or pinching; OR
  (2)  TOUCHES OR RUBS HIS OR HER SEXUAL OR INTIMATE BODY PARTS, CLOTHED
OR UNCLOTHED, AGAINST ANY  BODY  PART  OF  ANOTHER  PERSON,  CLOTHED  OR
UNCLOTHED,  FOR  THE PURPOSE OF GRATIFYING SEXUAL DESIRE, WITH INTENT TO
DEGRADE OR ABUSE SUCH OTHER PERSON WHILE SUCH OTHER PERSON IS A  PASSEN-
GER  ON  A  BUS,  TRAIN,  OR  SUBWAY CAR OPERATED BY ANY TRANSIT AGENCY,
AUTHORITY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION  IS  AUTHORIZED
BY NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
  Forcible touching IN THE SECOND DEGREE is a class A misdemeanor.
  S 2. The penal law is amended by adding a new section 130.52-a to read
as follows:
S 130.52-A FORCIBLE TOUCHING IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF FORCIBLE TOUCHING IN THE FIRST DEGREE WHEN SUCH
PERSON COMMITS THE CRIME OF FORCIBLE TOUCHING IN THE SECOND  DEGREE  AND
EMITS EJACULATE UPON ANY PART OF SUCH OTHER PERSON.
  FORCIBLE TOUCHING IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10424-07-4

2013-S7237C (ACTIVE) - Details

See Assembly Version of this Bill:: A7323
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §130.52, add §130.52-a, Pen L
Versions Introduced in 2015-2016 Legislative Session:: A4969

2013-S7237C (ACTIVE) - Summary

Establishes the crimes of forcible touching in the second and first degrees as a class A misdemeanor and class E felony, respectively.

2013-S7237C (ACTIVE) - Sponsor Memo

2013-S7237C (ACTIVE) - Bill Text download pdf

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

                                 7237--C

                            I N  S E N A T E

                               May 7, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  penal  law, in relation to forcible touching on
  public transportation

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

  Section  1. Section 130.52 of the penal law, as amended by chapter 264
of the laws of 2003, is amended to read as follows:
S 130.52 Forcible touching IN THE SECOND DEGREE.
  A person is guilty of forcible touching IN THE SECOND DEGREE when such
person intentionally, and for no legitimate purpose[,]:
  (1) forcibly touches the sexual or other  intimate  parts  of  another
person  for  the purpose of degrading or abusing such person; or for the
purpose of gratifying the actor's sexual desire.
  For the purposes of this section, forcible touching  includes  squeez-
ing, grabbing or pinching; OR
  (2)  TOUCHES OR RUBS HIS OR HER SEXUAL OR INTIMATE BODY PARTS, CLOTHED
OR UNCLOTHED, AGAINST ANY  BODY  PART  OF  ANOTHER  PERSON,  CLOTHED  OR
UNCLOTHED,  FOR  THE PURPOSE OF GRATIFYING SEXUAL DESIRE, WITH INTENT TO
DEGRADE OR ABUSE SUCH OTHER PERSON WHILE SUCH OTHER PERSON IS A  PASSEN-
GER  ON  A  BUS,  TRAIN,  OR  SUBWAY CAR OPERATED BY ANY TRANSIT AGENCY,
AUTHORITY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION  IS  AUTHORIZED
BY NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
  Forcible touching IN THE SECOND DEGREE is a class A misdemeanor.
  S 2. The penal law is amended by adding a new section 130.52-a to read
as follows:
S 130.52-A FORCIBLE TOUCHING IN THE FIRST DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10424-10-4

S. 7237--C                          2

  A  PERSON IS GUILTY OF FORCIBLE TOUCHING IN THE FIRST DEGREE WHEN SUCH
PERSON COMMITS THE CRIME OF FORCIBLE TOUCHING IN THE SECOND  DEGREE  AND
EMITS EJACULATE UPON ANY PART OF SUCH OTHER PERSON.
  FORCIBLE TOUCHING IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S7237C

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2013-S7237 - Details

2013-S7237 - Summary

2013-S7237 - Sponsor Memo

2013-S7237 - Bill Text download pdf

2013-S7237A - Details

2013-S7237A - Summary

2013-S7237A - Sponsor Memo

2013-S7237A - Bill Text download pdf

2013-S7237B - Details

2013-S7237B - Summary

2013-S7237B - Sponsor Memo

2013-S7237B - Bill Text download pdf

2013-S7237C (ACTIVE) - Details

2013-S7237C (ACTIVE) - Summary

2013-S7237C (ACTIVE) - Sponsor Memo

2013-S7237C (ACTIVE) - Bill Text download pdf

Comments