Senate Bill S6679C

2019-2020 Legislative Session

Prohibits the use of intoxication of the victim as a defense in sex crimes

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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
Votes

Bill Amendments

co-Sponsors

2019-S6679 - Details

See Assembly Version of this Bill:
A8634
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: S452, A5519
2023-2024: S4555, A1065

2019-S6679 - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes; amends the definition of "mentally incapacitated" to include persons who are voluntarily intoxicated.

2019-S6679 - Sponsor Memo

2019-S6679 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6679
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              August 30, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to  prohibiting  the  use  of
   evidence  of  a  voluntarily intoxicated victim in any criminal charge
   for sex crimes

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 15.05 of the penal law is amended
 to read as follows:
   3. "Recklessly." A person acts recklessly with respect to a result  or
 to  a  circumstance described by a statute defining an offense when [he]
 SUCH PERSON is aware of and consciously  disregards  a  substantial  and
 unjustifiable risk that such result will occur or that such circumstance
 exists. The risk must be of such nature and degree that disregard there-
 of  constitutes  a  gross  deviation from the standard of conduct that a
 reasonable person would observe in the situation.  A person who  creates
 such a risk but is unaware thereof solely by reason of voluntary intoxi-
 cation  also  acts  recklessly  with respect thereto; PROVIDED, HOWEVER,
 THAT INTOXICATION OF A VICTIM IS NOT A DEFENSE TO ANY CRIMINAL CHARGE OF
 ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER. VOLUNTARY INTOXICATION OF  A
 VICTIM  MAY  NOT  BE  OFFERED  AS EVIDENCE FOR A DEFENSE TO ANY CRIMINAL
 CHARGE OF ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER.
   § 2. Section 15.25 of the penal law is amended to read as follows:
 § 15.25 Effect of intoxication upon liability.
   Intoxication is not, as such, a defense to a criminal charge;  but  in
 any  prosecution for an offense, evidence of intoxication of the defend-
 ant may be offered by the defendant whenever it is relevant to  negative
 an element of the crime charged; PROVIDED, HOWEVER, THAT INTOXICATION OF
 A  VICTIM IS NOT A DEFENSE TO ANY CRIMINAL CHARGE OF ARTICLE ONE HUNDRED
 THIRTY OF THIS CHAPTER. VOLUNTARY INTOXICATION MAY  NOT  BE  OFFERED  AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13702-04-9

co-Sponsors

2019-S6679A - Details

See Assembly Version of this Bill:
A8634
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: S452, A5519
2023-2024: S4555, A1065

2019-S6679A - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes; amends the definition of "mentally incapacitated" to include persons who are voluntarily intoxicated.

2019-S6679A - Sponsor Memo

2019-S6679A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6679--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              August 30, 2019
                                ___________
 
 Introduced  by  Sens. BIAGGI, JACKSON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the penal law, in relation to prohibiting the use of the
   intoxication of a victim as a defense to a  criminal  charge  for  sex
   crimes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 15.05 of the penal law is  amended
 to read as follows:
   3.  "Recklessly." A person acts recklessly with respect to a result or
 to a circumstance described by a statute defining an offense  when  [he]
 SUCH  PERSON  is  aware  of and consciously disregards a substantial and
 unjustifiable risk that such result will occur or that such circumstance
 exists. The risk must be of such nature and degree that disregard there-
 of constitutes a gross deviation from the standard  of  conduct  that  a
 reasonable  person would observe in the situation.  A person who creates
 such a risk but is unaware thereof solely by reason of voluntary intoxi-
 cation also acts recklessly with  respect  thereto;  PROVIDED,  HOWEVER,
 THAT INTOXICATION OF A VICTIM IS NOT A DEFENSE TO ANY CRIMINAL CHARGE OF
 ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER.
   § 2. Section 15.25 of the penal law is amended to read as follows:
 § 15.25 Effect of intoxication upon liability.
   Intoxication  is  not, as such, a defense to a criminal charge; but in
 any prosecution for an offense, evidence of intoxication of the  defend-
 ant  may be offered by the defendant whenever it is relevant to negative
 an element of the crime charged; PROVIDED, HOWEVER, THAT INTOXICATION OF
 A VICTIM IS NOT A DEFENSE TO ANY CRIMINAL CHARGE OF ARTICLE ONE  HUNDRED
 THIRTY OF THIS CHAPTER.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13702-05-9

co-Sponsors

2019-S6679B - Details

See Assembly Version of this Bill:
A8634
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: S452, A5519
2023-2024: S4555, A1065

2019-S6679B - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes; amends the definition of "mentally incapacitated" to include persons who are voluntarily intoxicated.

2019-S6679B - Sponsor Memo

2019-S6679B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6679--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              August 30, 2019
                                ___________
 
 Introduced  by  Sens. BIAGGI, JACKSON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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 prohibiting the use of the
   intoxication  of  a  victim  as a defense to a criminal charge for sex
   crimes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (d)  of subdivision 2 of section 130.05 of the
 penal law, as amended by chapter 40 of the laws of 2004, is amended  and
 a new paragraph (e) is added to read as follows:
   (d)  Where  the  offense  charged  is  SEXUAL MISCONDUCT AS DEFINED IN
 SUBDIVISIONS ONE AND TWO OF SECTION 130.20, rape in the third degree  as
 defined  in  subdivision three of section 130.25, or criminal sexual act
 in the third degree as defined in subdivision three of  section  130.40,
 in  addition  to  forcible compulsion, circumstances under which, at the
 time of the act of intercourse,  oral  sexual  conduct  or  anal  sexual
 conduct,  the victim clearly expressed that he or she did not consent to
 engage in such act, and a reasonable person  in  the  actor's  situation
 would  have  understood such person's words and acts as an expression of
 lack of consent to such act under all the circumstances[.]; OR
   (E) WHERE THE OFFENSE CHARGED  IS  SEXUAL  MISCONDUCT  AS  DEFINED  IN
 SUBDIVISIONS  ONE AND TWO OF SECTION 130.20, RAPE IN THE THIRD DEGREE AS
 DEFINED IN SUBDIVISION THREE OF SECTION 130.25, OR CRIMINAL  SEXUAL  ACT
 IN  THE  THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.40,
 IN ADDITION TO FORCIBLE COMPULSION, CIRCUMSTANCES UNDER  WHICH,  AT  THE
 TIME  OF  THE  ACT  OF  INTERCOURSE,  ORAL SEXUAL CONDUCT OR ANAL SEXUAL
 CONDUCT, THE VICTIM IS UNDER THE INFLUENCE OF ANY DRUG,  INTOXICANT,  OR
 OTHER  SUBSTANCE  TO  A  DEGREE  WHICH  RENDERS THAT PERSON INCAPABLE OF
 GIVING CONSENT AND THAT CONDITION IS KNOWN OR REASONABLY SHOULD BE KNOWN
 TO A PERSON IN THE ACTOR'S SITUATION.
   § 2. This act shall take effect immediately.

co-Sponsors

2019-S6679C (ACTIVE) - Details

See Assembly Version of this Bill:
A8634
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: S452, A5519
2023-2024: S4555, A1065

2019-S6679C (ACTIVE) - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes; amends the definition of "mentally incapacitated" to include persons who are voluntarily intoxicated.

2019-S6679C (ACTIVE) - Sponsor Memo

2019-S6679C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6679--C
     Cal. No. 372
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              August 30, 2019
                                ___________
 
 Introduced  by Sens. BIAGGI, GOUNARDES, JACKSON, SEPULVEDA -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules -- 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  -- recommitted to the Committee on Codes in accordance with
   Senate Rule 6, sec. 8  --  reported  favorably  from  said  committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN ACT to amend the penal law, in relation to prohibiting the use of the
   intoxication  of  a  victim  as a defense to a criminal charge for sex
   crimes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (d)  of subdivision 2 of section 130.05 of the
 penal law, as amended by chapter 40 of the laws of 2004, is amended  and
 a new paragraph (e) is added to read as follows:
   (d)  Where  the  offense  charged  is  SEXUAL MISCONDUCT AS DEFINED IN
 SUBDIVISIONS ONE AND TWO OF SECTION 130.20, rape in the third degree  as
 defined  in  subdivision three of section 130.25, or criminal sexual act
 in the third degree as defined in subdivision three of  section  130.40,
 in  addition  to  forcible compulsion, circumstances under which, at the
 time of the act of intercourse,  oral  sexual  conduct  or  anal  sexual
 conduct,  the victim clearly expressed that he or she did not consent to
 engage in such act, and a reasonable person  in  the  actor's  situation
 would  have  understood such person's words and acts as an expression of
 lack of consent to such act under all the circumstances[.]; OR
   (E) WHERE THE OFFENSE CHARGED  IS  SEXUAL  MISCONDUCT  AS  DEFINED  IN
 SUBDIVISIONS  ONE AND TWO OF SECTION 130.20, RAPE IN THE THIRD DEGREE AS
 DEFINED IN SUBDIVISION THREE OF SECTION 130.25, OR CRIMINAL  SEXUAL  ACT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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