Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 05, 2018 |
referred to codes delivered to senate passed assembly |
Feb 01, 2018 |
advanced to third reading cal.629 |
Jan 29, 2018 |
reported |
Jan 17, 2018 |
print number 8823a |
Jan 17, 2018 |
amend (t) and recommit to codes |
Jan 03, 2018 |
referred to codes |
Dec 06, 2017 |
referred to codes |
Assembly Bill A8823A
2017-2018 Legislative Session
Sponsored By
BRAUNSTEIN
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
Bill Amendments
co-Sponsors
Sandy Galef
Deborah Glick
Ellen C. Jaffee
Michael G. Miller
multi-Sponsors
Clifford Crouch
2017-A8823 - Details
- See Senate Version of this Bill:
- S7708
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§130.05 & 130.10, Pen L
2017-A8823 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8823 2017-2018 Regular Sessions I N A S S E M B L Y December 6, 2017 ___________ Introduced by M. of A. BRAUNSTEIN, GALEF, GLICK, JAFFEE, M. G. MILLER, MOSLEY, ZEBROWSKI, DINOWITZ, SKARTADOS -- Multi-Sponsored by -- M. of A. CROUCH -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to establishing a lack of consent for a person in custody to engage in sexual contact with a police officer or peace officer THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 130.05 of the penal law is amended by adding a new paragraph (j) to read as follows: (J) IN CUSTODY OR SUBJECT TO POLICE ACTIVITY BY A STATE OR LOCAL POLICE OR PEACE OFFICER, AND SUCH OFFICER SHOULD REASONABLY KNOW THE PERSON IS UNDER SUCH CUSTODY OR POLICE ACTIVITY. FOR PURPOSES OF THIS PARAGRAPH, "CUSTODY" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVI- SION TWO OF SECTION TWO HUNDRED FIVE OF THIS PART; AND "POLICE ACTIVITY" SHALL MEAN ANY ACTIVITY BY AN OFFICER ACTING UNDER THE COLOR OF LAW. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13726-01-7
co-Sponsors
Sandy Galef
Deborah Glick
Ellen C. Jaffee
Michael G. Miller
multi-Sponsors
Clifford Crouch
2017-A8823A (ACTIVE) - Details
- See Senate Version of this Bill:
- S7708
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§130.05 & 130.10, Pen L
2017-A8823A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8823--A 2017-2018 Regular Sessions I N A S S E M B L Y December 6, 2017 ___________ Introduced by M. of A. BRAUNSTEIN, GALEF, GLICK, JAFFEE, M. G. MILLER, MOSLEY, ZEBROWSKI, DINOWITZ, SKARTADOS, GOTTFRIED -- Multi-Sponsored by -- M. of A. CROUCH -- read once and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to establishing incapacity to consent when a person is under arrest, in detention or otherwise in actual custody THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 130.05 of the penal law is amended by adding a new paragraph (j) to read as follows: (J) UNDER ARREST, IN DETENTION OR OTHERWISE IN THE ACTUAL CUSTODY OF A POLICE OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT OFFICIAL AND THE ACTOR IS A POLICE OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT OFFI- CIAL WHO EITHER: (I) IS RESPONSIBLE FOR EFFECTING THE ARREST OF SUCH PERSON OR MAINTAINING SUCH PERSON IN DETENTION OR ACTUAL CUSTODY; OR (II) KNOWS, OR REASONABLY SHOULD KNOW, THAT SUCH PERSON IS UNDER SUCH ARREST, DETENTION OR ACTUAL CUSTODY. § 2. Subdivision 4 of section 130.10 of the penal law, as amended by chapter 205 of the laws of 2011, is amended to read as follows: 4. In any prosecution under this article in which the victim's lack of consent is based solely on his or her incapacity to consent because he or she was less than seventeen years old, mentally disabled, a client or patient and the actor is a health care provider, UNDER ARREST, IN DETENTION OR OTHERWISE IN ACTUAL CUSTODY OF LAW ENFORCEMENT UNDER THE CIRCUMSTANCES DESCRIBED IN PARAGRAPH (J) OF SUBDIVISION THREE OF SECTION 130.05 OF THIS ARTICLE, or committed to the care and custody or super- vision of the state department of corrections and community supervision or a hospital and the actor is an employee, it shall be a defense that EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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