NY State Senate Bill 2015-S3243A

Senate Bill S3243A

2015-2016 Legislative Session

Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation

download bill text pdf

Archive: Last Bill Status - In Assembly 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2016	referred to codes delivered to assembly passed senate
Mar 07, 2016	amended on third reading (t) 3243a
Feb 24, 2016	ordered to third reading cal.217 committee discharged and committed to rules
Jan 06, 2016	referred to codes returned to senate died in assembly
May 20, 2015	referred to codes delivered to assembly passed senate
May 19, 2015	ordered to third reading cal.854 committee discharged and committed to rules
Feb 03, 2015	referred to codes

Votes

- Mar 21, 2016 - Floor Vote
  S3243A
  
  52
  
  Aye
  
  9
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 21, 2016
      
      aye (52)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (9)
      
      Dilan
      
      Hamilton
      
      Hassell-Thompson
      
      Krueger
      
      Montgomery
      
      Parker
      
      Peralta
      
      Perkins
      
      Sanders Jr.
      
      excused (1)
      
      Larkin
  May 20, 2015 - Floor Vote
  S3243A
  
  57
  
  Aye
  
  5
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 20, 2015
      
      aye (57)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (5)
      
      Dilan
      
      Hassell-Thompson
      
      Krueger
      
      Montgomery
      
      Perkins
      
      excused (1)
      
      Libous
  Feb 24, 2016 - Rules Committee Vote
  S3243A
  
  19
  
  Aye
  
  4
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Feb 24, 2016
      
      aye (19)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      LaValle
      
      Lanza
      
      Larkin
      
      Marcellino
      
      Nozzolio
      
      Parker
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (4)
      
      Dilan
      
      Krueger
      
      Montgomery
      
      Perkins
      
      aye wr (1)
      
      Little
      
      excused (1)
      
      Hassell-Thompson
  May 19, 2015 - Rules Committee Vote
  S3243A
  
  19
  
  Aye
  
  3
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 19, 2015
      
      aye (19)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Valesky
      
      Young
      
      nay (3)
      
      Dilan
      
      Hassell-Thompson
      
      Montgomery
      
      aye wr (3)
      
      Krueger
      
      Perkins
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

2015-S3243 - Details

See Assembly Version of this Bill:: A1467
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§130.65 & 245.03, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2518, A2093
2017-2018: S3861, A5412
2019-2020: S3229, A6809
2021-2022: S5265, A7014
2023-2024: S5511

2015-S3243 - Summary

Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation and the contact was intentional and with the sole purpose of sexual gratification; relates to public lewdness while a passenger on public transportation.

2015-S3243 - Sponsor Memo

                                BILL NUMBER:S3243

TITLE OF BILL:  An act to amend the penal law, in relation to sexual
abuse in the first degree where a person is incapable of consent while
a passenger on public transportation

PURPOSE:

To create the penalty of aggravated sexual contact in the third degree
as a class B felony.

SUMMARY OF PROVISIONS:

Adds a new subdivision 2-a to section 130.65 of the penal law-making
it sexual abuse in the 1st degree if a person intentionally and with
the sole purpose of sexual gratification and without the consent of
the other person while a passenger on public transportation.

EXISTING LAW:

The acts covered under this legislation currently only carry
misdemeanor punishments; this law seeks to raise the penalty to a
felony level.

JUSTIFICATION:

A Court of Appeals decision allowed a chronic pervert who masturbated
on three subway riders off without prison time. Although the District
Attorney sought felony charges, the state's highest court threw out
the felony charges because there was no proof the victim felt
threatened with violence, resulting in only a misdemeanor sex abuse
charge carrying a maximum of three months.

These subway "grinders" as they are euphemistically referred to by law
enforcement are sexual deviants who prey upon victims who are going
about their daily commute and have no means of escape.This law seeks
to raise these acts to a felony status.

It would establish this crime as a class D felony which could carry
any of the following sentences depending upon prior criminal record -
probation to 1-3 to 7 years.

LEGISLATIVE HISTORY:

2012 Session - New Bill - referred to Rules Committee
2013- 14 Session - S. 2518-B - passed Senate

EFFECTIVE DATE:

The sixtieth day after which it shall have become law.

2015-S3243 - Bill Text download pdf

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

                                  3243

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- 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 abuse in the  first
  degree  where  a  person  is incapable of consent while a passenger on
  public transportation

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

  Section 1.  Section 130.65 of the penal law is amended by adding a new
subdivision 2-a to read as follows:
  2-A. INTENTIONALLY, AND WITH THE SOLE PURPOSE OF SEXUAL GRATIFICATION,
AND  WITHOUT THE CONSENT OF THE OTHER PERSON WHILE A PASSENGER ON PUBLIC
TRANSPORTATION; OR
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03104-01-5

co-Sponsors

2015-S3243A (ACTIVE) - Details

See Assembly Version of this Bill:: A1467
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§130.65 & 245.03, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2518, A2093
2017-2018: S3861, A5412
2019-2020: S3229, A6809
2021-2022: S5265, A7014
2023-2024: S5511

2015-S3243A (ACTIVE) - Summary

2015-S3243A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3243A

 TITLE OF BILL :

An act to amend the penal law, in relation to sexual abuse in the
first degree where a person is incapable of consent while a passenger
on public transportation; in relation to public lewdness while a
passenger on public transportation

 PURPOSE :

To create the penalty of aggravated sexual contact in the first degree
as a class B felony and to include public lewdness while a passenger
on public transportation as a class a misdemeanor.

 SUMMARY OF PROVISIONS :

§ 1 - adds a new subdivision 2-a to section 130.65 of the penal law -
making it sexual abuse in the 1st degree if a person intentionally and
with the sole purpose of sexual gratification and without the consent
of the other person while a passenger on public transportation.

§ 2 - adds a new subdivision 3 to subdivision 2 of section 245.03 of
the penal law to include public lewdness while a passenger on public
transportation

 EXISTING LAW :

The acts covered under this legislation currently only carry
misdemeanor punishments; this law seeks to raise "grinding" to a
felony level penalty and ensure that public lewdness on public
transportation is raised to the highest level of misdemeanor.

 JUSTIFICATION :

A Court of Appeals decision allowed a chronic pervert who masturbated
on three subway riders off without prison time. Although the District
Attorney sought felony charges, the state's highest court threw out
the felony charges because there was no proof the victim felt
threatened with violence, resulting in only a misdemeanor sex abuse
charge carrying a maximum of three months.

These subway "grinders" as they are euphemistically referred to by law
enforcement are sexual deviants who prey upon victims who are going
about their daily commute and have no means of escape.This law seeks
to raise these acts to a felony status.

It would establish this crime as a class D felony which could carry
any of the following sentences depending upon prior criminal record -
probation to 1-3 to 7 years and for public lewdness the crime is a
class A misdemeanor and carries a penalty of up to 1 year
imprisonment.

 LEGISLATIVE HISTORY :

2012 Session - New Bill - referred to Rules Committee
2013 - 14 Session - S. 2518-B - passed Senate
2015-16 Session - S.3243 - passed Senate

2015-S3243A (ACTIVE) - Bill Text download pdf

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

                                 3243--A
    Cal. No. 217

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged and said bill committed to the Committee on Rules
  -- ordered to a third reading, amended and ordered reprinted,  retain-
  ing its place in the order of third reading

AN  ACT to amend the penal law, in relation to sexual abuse in the first
  degree where a person is incapable of consent  while  a  passenger  on
  public  transportation; in relation to public lewdness while a passen-
  ger on public transportation

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

  Section 1.  Section 130.65 of the penal law is amended by adding a new
subdivision 2-a to read as follows:
  2-A. INTENTIONALLY, AND WITH THE SOLE PURPOSE OF SEXUAL GRATIFICATION,
AND  WITHOUT THE CONSENT OF THE OTHER PERSON WHILE A PASSENGER ON PUBLIC
TRANSPORTATION; OR
  S 2. Subdivision 2 of section 245.03 of the penal  law,  as  added  by
chapter  186  of the laws of 2014, is amended and a new subdivision 3 is
added to read as follows:
  2. he or she commits the crime  of  public  lewdness,  as  defined  in
section  245.00  of this article, and within the preceding year has been
convicted  of  an  offense  defined  in  such  section  245.00  or  this
section[.]; OR
  3.  HE  OR  SHE  COMMITS  THE  CRIME OF PUBLIC LEWDNESS, AS DEFINED IN
SECTION 245.00 OF THIS ARTICLE, WHILE A PASSENGER ON PUBLIC  TRANSPORTA-
TION.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03104-02-6

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