BILL NUMBER:  S3861

 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 D 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 that 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

 EFFECTIVE DATE :
60th day after becoming law