S T A T E O F N E W Y O R K
________________________________________________________________________
7014
2021-2022 Regular Sessions
I N A S S E M B L Y
April 19, 2021
___________
Introduced by M. of A. CUSICK, MONTESANO, BYRNE -- read once and
referred 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; in relation to public lewdness while a passen-
ger on public transportation; in relation to establishing enhanced
penalties for offenses committed while in or upon a building, facili-
ty, property, vehicle or train owned, leased or operated by the metro-
politan transportation authority; and to amend the criminal procedure
law, in relation to the suspension or revocation of the use of a
facility, property, vehicle or train owned, leased or operated by the
metropolitan transportation authority
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
§ 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.
§ 3. The penal law is amended by adding a new section 70.11 to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09086-01-1
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§ 70.11 SENTENCES OF IMPRISONMENT FOR OFFENSES COMMITTED WHILE IN OR
UPON A BUILDING, FACILITY, PROPERTY, VEHICLE OR TRAIN OWNED,
LEASED OR OPERATED BY THE METROPOLITAN TRANSPORTATION AUTHORI-
TY; AGGRAVATING FACTORS.
MATTERS OCCURRING WHILE IN OR UPON A BUILDING, FACILITY, PROPERTY,
VEHICLE OR TRAIN OWNED, LEASED OR OPERATED BY THE METROPOLITAN TRANSPOR-
TATION AUTHORITY, SHALL RESULT IN THE FOLLOWING ENHANCEMENT OF SUCH
SENTENCE:
1. FOR OFFENSES COMMITTED UNDER SECTION 120.00 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
2. FOR OFFENSES COMMITTED UNDER SECTION 120.01 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
3. FOR OFFENSES COMMITTED UNDER SECTION 120.02 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
4. FOR OFFENSES COMMITTED UNDER SECTION 120.05 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
5. FOR OFFENSES COMMITTED UNDER SECTION 120.06 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
6. FOR OFFENSES COMMITTED UNDER SECTION 120.07 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
7. FOR OFFENSES COMMITTED UNDER SECTION 120.08 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
8. FOR OFFENSES COMMITTED UNDER SECTION 120.09 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
9. FOR OFFENSES COMMITTED UNDER SECTION 120.10 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
10. FOR OFFENSES COMMITTED UNDER SECTION 120.11 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
11. FOR OFFENSES COMMITTED UNDER SECTION 120.12 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
12. FOR OFFENSES COMMITTED UNDER SECTION 120.13 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
13. FOR OFFENSES COMMITTED UNDER SECTION 120.14 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
14. FOR OFFENSES COMMITTED UNDER SECTION 120.15 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
15. FOR OFFENSES COMMITTED UNDER SECTION 120.16 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
16. FOR OFFENSES COMMITTED UNDER SECTION 120.17 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B MISDEMEANOR;
17. FOR OFFENSES COMMITTED UNDER SECTION 120.18 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
18. FOR OFFENSES COMMITTED UNDER SECTION 120.20 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
19. FOR OFFENSES COMMITTED UNDER SECTION 120.25 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
20. FOR OFFENSES COMMITTED UNDER SECTION 120.30 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
21. FOR OFFENSES COMMITTED UNDER SECTION 120.45 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
22. FOR OFFENSES COMMITTED UNDER SECTION 120.50 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
23. FOR OFFENSES COMMITTED UNDER SECTION 120.55 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
24. FOR OFFENSES COMMITTED UNDER SECTION 120.60 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
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25. FOR OFFENSES COMMITTED UNDER SECTION 120.70 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
26. FOR OFFENSES COMMITTED UNDER SECTION 121.11 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
27. FOR OFFENSES COMMITTED UNDER SECTION 121.12 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
28. FOR OFFENSES COMMITTED UNDER SECTION 121.13 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
29. FOR OFFENSES COMMITTED UNDER SECTION 125.10 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
29-A. FOR OFFENSES COMMITTED UNDER SECTION 125.11 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
30. FOR OFFENSES COMMITTED UNDER SECTION 125.15 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
31. FOR OFFENSES COMMITTED UNDER SECTION 125.20 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
32. FOR OFFENSES COMMITTED UNDER SECTION 125.21 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
33. FOR OFFENSES COMMITTED UNDER SECTION 125.22 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A-II FELONY;
34. FOR OFFENSES COMMITTED UNDER SECTION 125.26 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A-II FELONY;
35. FOR OFFENSES COMMITTED UNDER SECTION 125.27 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A-II FELONY;
36. FOR OFFENSES COMMITTED UNDER SECTION 130.20 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
37. FOR OFFENSES COMMITTED UNDER SECTION 130.25 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
38. FOR OFFENSES COMMITTED UNDER SECTION 130.30 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
39. FOR OFFENSES COMMITTED UNDER SECTION 130.35 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
40. FOR OFFENSES COMMITTED UNDER SECTION 130.40 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
41. FOR OFFENSES COMMITTED UNDER SECTION 130.45 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
42. FOR OFFENSES COMMITTED UNDER SECTION 130.50 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
43. FOR OFFENSES COMMITTED UNDER SECTION 130.52 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
44. FOR OFFENSES COMMITTED UNDER SECTION 130.53 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
45. FOR OFFENSES COMMITTED UNDER SECTION 130.55 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
46. FOR OFFENSES COMMITTED UNDER SECTION 130.60 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
47. FOR OFFENSES COMMITTED UNDER SECTION 130.65 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
48. FOR OFFENSES COMMITTED UNDER SECTION 130.65-A OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
49. FOR OFFENSES COMMITTED UNDER SECTION 130.66 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
50. FOR OFFENSES COMMITTED UNDER UNDER SECTION 130.67 OF THIS CHAPTER,
THE SENTENCE SHALL REFLECT A CLASS B FELONY;
51. FOR OFFENSES COMMITTED UNDER UNDER SECTION 130.70 OF THIS CHAPTER,
THE SENTENCE SHALL REFLECT A CLASS A FELONY;
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52. FOR OFFENSES COMMITTED UNDER UNDER SECTION 130.75 OF THIS CHAPTER,
THE SENTENCE SHALL REFLECT A CLASS A FELONY;
53. FOR OFFENSES COMMITTED UNDER UNDER SECTION 130.80 OF THIS CHAPTER,
THE SENTENCE SHALL REFLECT A CLASS D FELONY;
54. FOR OFFENSES COMMITTED UNDER UNDER SECTION 130.90 OF THIS CHAPTER,
THE SENTENCE SHALL REFLECT A CLASS C FELONY;
55. FOR OFFENSES COMMITTED UNDER UNDER SECTION 135.05 OF THIS CHAPTER,
THE SENTENCE SHALL REFLECT A CLASS E FELONY;
56. FOR OFFENSES COMMITTED UNDER SECTION 135.10 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
57. FOR OFFENSES COMMITTED UNDER SECTION 135.20 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
58. FOR OFFENSES COMMITTED UNDER SECTION 135.45 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
59. FOR OFFENSES COMMITTED UNDER SECTION 135.50 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
60. FOR OFFENSES COMMITTED UNDER SECTION 140.05 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B MISDEMEANOR;
61. FOR OFFENSES COMMITTED UNDER SECTION 140.10 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
62. FOR OFFENSES COMMITTED UNDER SUBDIVISION ONE OF SECTION 140.15 OF
THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS E FELONY;
63. FOR OFFENSES COMMITTED UNDER SECTION 140.17 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
64. FOR OFFENSES COMMITTED UNDER SECTION 140.20 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
65. FOR OFFENSES COMMITTED UNDER SECTION 140.25 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
66. FOR OFFENSES COMMITTED UNDER SECTION 140.30 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
67. FOR OFFENSES COMMITTED UNDER SECTION 140.35 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
68. FOR OFFENSES COMMITTED UNDER SECTION 140.40 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
69. FOR OFFENSES COMMITTED UNDER SECTION 145.05 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
70. FOR OFFENSES COMMITTED UNDER SECTION 145.10 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
71. FOR OFFENSES COMMITTED UNDER SECTION 145.12 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
72. FOR OFFENSES COMMITTED UNDER SECTION 145.14 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
73. FOR OFFENSES COMMITTED UNDER SECTION 145.15 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
74. FOR OFFENSES COMMITTED UNDER SECTION 145.20 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
75. FOR OFFENSES COMMITTED UNDER SECTION 145.30 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B MISDEMEANOR;
76. FOR OFFENSES COMMITTED UNDER SECTION 145.60 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
77. FOR OFFENSES COMMITTED UNDER SECTION 145.70 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
78. FOR OFFENSES COMMITTED UNDER SECTION 150.01 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
79. FOR OFFENSES COMMITTED UNDER SECTION 150.05 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
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80. FOR OFFENSES COMMITTED UNDER SECTION 150.10 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
81. FOR OFFENSES COMMITTED UNDER SECTION 150.15 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
82. FOR OFFENSES COMMITTED UNDER SECTION 150.20 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A-II FELONY;
83. FOR OFFENSES COMMITTED UNDER SECTION 160.05 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
84. FOR OFFENSES COMMITTED UNDER SECTION 160.10 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
85. FOR OFFENSES COMMITTED UNDER SECTION 160.15 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
86. FOR OFFENSES COMMITTED UNDER SECTION 490.10 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
87. FOR OFFENSES COMMITTED UNDER SECTION 490.15 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
88. FOR OFFENSES COMMITTED UNDER SECTION 490.20 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
89. FOR OFFENSES COMMITTED UNDER SECTION 490.30 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
90. FOR OFFENSES COMMITTED UNDER SECTION 490.35 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A-II FELONY;
91. FOR OFFENSES COMMITTED UNDER SECTION 490.37 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
92. FOR OFFENSES COMMITTED UNDER SECTION 490.40 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A-II FELONY;
93. FOR OFFENSES COMMITTED UNDER SECTION 490.45 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A-II FELONY; AND
94. FOR OFFENSES COMMITTED UNDER SECTION 490.50 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A-I FELONY.
§ 4. Subdivision 3 of section 140.17 of the penal law, as added by
chapter 341 of the laws of 1969, is amended and a new subdivision 4 is
added to read as follows:
3. Knows that another participant in the crime possesses a firearm,
rifle or shotgun under circumstances described in subdivision two[.] OF
THIS SECTION; OR
4. WAS PREVIOUSLY CONVICTED OF ANY PROVISION OF THIS ARTICLE AND WAS
SERVED WITH NOTICE THAT HIS OR HER PRIVILEGES TO UTILIZE BUILDINGS,
FACILITIES OR TRANSPORTATION SERVICES OWNED, LEASED OR OPERATED BY THE
METROPOLITAN TRANSPORTATION AUTHORITY WERE SUSPENDED OR REVOKED.
§ 5. The criminal procedure law is amended by adding a new section
380.67 to read as follows:
§ 380.67 OFFENSE WHICH IS COMMITTED IN OR UPON A BUILDING, FACILITY,
PROPERTY, VEHICLE OR TRAIN OWNED, LEASED OR OPERATED BY THE
METROPOLITAN TRANSPORTATION AUTHORITY; SUSPENSION OR REVOCA-
TION.
1. UPON CONVICTION OF ANY PROVISIONS SPECIFIED IN ARTICLE 120, 121,
125, 130, 135, 140, 145, 150, 160, OR 490 OF THE PENAL LAW AND WHERE
MATTER OCCURRED WHILE IN OR UPON A BUILDING, FACILITY, PROPERTY, VEHICLE
OR TRAIN OWNED, LEASED OR OPERATED BY THE METROPOLITAN TRANSPORTATION
AUTHORITY AND SUCH CONVICTION RESULTED IN THE ENHANCEMENT OF SUCH
SENTENCE PURSUANT TO SECTION 70.11 OF THE PENAL LAW, THE METROPOLITAN
TRANSPORTATION AUTHORITY MAY PREVENT ENTRY AND USAGE OF ITS SERVICES BY
SERVING NOTICE UPON THE CONVICTED PERSON THAT HIS OR HER PRIVILEGES TO
UTILIZE THE AUTHORITY'S BUILDINGS, FACILITIES OR TRANSPORTATION SERVICES
ARE SUSPENDED OR REVOKED.
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2. THE METROPOLITAN TRANSPORTATION AUTHORITY SHALL PROMULGATE RULES
AND REGULATIONS FOR THE NOTICE REQUIRED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION AND SHALL PROVIDE FOR AN ADMINISTRATIVE APPEAL PROCESS TO
REVIEW ITS ACTIONS UPON REQUEST FROM THE PERSON DENIED ACCESS.
§ 6. This act shall take effect on the sixtieth day after it shall
have become a law.