NY State Senate Bill 2021-S5265

Senate Bill S5265

2021-2022 Legislative Session

Relates to offenses committed while in or upon a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2022	referred to codes delivered to assembly passed senate ordered to third reading cal.1889 committee discharged and committed to rules
Jan 05, 2022	referred to codes
Mar 01, 2021	referred to codes

Votes

- Jun 2, 2022 - Floor Vote
  S5265
  
  61
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2022
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (2)
      
      Brisport
      
      Salazar
  Jun 2, 2022 - Rules Committee Vote
  S5265
  
  19
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 2, 2022
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      aye wr (1)
      
      Biaggi
      
      absent (1)
      
      O'Mara

2021-S5265 (ACTIVE) - Details

See Assembly Version of this Bill:: A7014
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§130.65, 245.03 & 140.17, add §70.11, Pen L; add §380.67, CP L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2518, A2093
2015-2016: S3243, A1467
2017-2018: S3861, A5412
2019-2020: S3229, A6809
2023-2024: S5511

2021-S5265 (ACTIVE) - 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; establishes enhanced penalties for offenses committed while in or upon a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority; provides for the suspension or revocation of the use of a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority.

2021-S5265 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5265

SPONSOR: SAVINO
 
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; in relation to establishing enhanced penalties
for offenses committed while in or upon a building, facility, property,
vehicle or train owned, leased or operated by the metropolitan transpor-
tation 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 transpor-
tation authority

 
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 and provide for elevated
sentencing levels as the result of conviction for a designated crime. To

further, allow the Metropolitan Transportation Authority to suspend or
revoke the privilege to utilize the public transportation and facilities
of the Authority following conviction of a designated crime under aggra-
vated circumstance(s).

 
SUMMARY OF PROVISIONS:

§ I - 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 trans-
portation

§ 3 - amends section 70.11 of the penal law to provide enhanced sentenc-
ing provisions upon conviction for designated crimes committed in or
upon MTA buildings, facilities, property, vehicles or trains.

§ 4 - adds a new subdivision 4 to section 140.17 of the penal law to
provide for an elevated charge of criminal trespass first degree when a
person who was previously convicted of a designated crime and served
notice from the MTA that his or her privilege to utilize MTA building,
facilities, properties, vehicles or trains was suspended or revoked.

§ 5 - adds a new section 380.67 of the criminal procedure law that
allows for the Metropolitan Transportation Authority to suspend or
revoke the privilege to utilize public transportation or buildings,
facilities, properties, trains or vehicles, owned, leased, or operated
by the MTA, upon notice to the person convicted of a designated crime.

The MTA shall have an appeals process to review revocation or suspension
notices. EXISTING LAW:

Section 1 of this act addresses a disparity in current law, which mini-
mizes the impact assaultive behavior on public transportation.  This
abhorrent criminal behavior currently 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. No current law provides for enhanced sentencing of
specified crimes committed in or upon buildings, facilities, property,
vehicles or trains owned, operated or leased by the MTA.

 
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.

The draw of criminal activity to our public transportation system magni-
fies the importance of our public policy to maintain a safe environment
for our citizens as they utilize buildings, facilities, properties,
vehicles and trains owned or operated by the Metropolitan Transportation
Authority. This legislation enhances sentencing guidelines for desig-
nated crimes committed in or upon MTA buildings, properties, vehicles
and employees. It also provides the MTA a mechanism to revoke or suspend
the privilege to utilize MTA services if a person is convicted of a
designated crime as an aggravated circumstance.

For calendar year 2017, the MTA recorded over 2.6 billion rides on its
trains and buses. Given the public's heavy reliance on public transpor-
tation as a mainstay for daily life in our metropolitan area, public
safety and security should be synonymous with the travelling public.

 
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

2017-18 Session - S. 3861 - passed Senate

2019-2020 - S3229 - passed senate

2021-S5265 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5265
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 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; 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

 S. 5265                             2
 
 §  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;

 S. 5265                             3

   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;

 S. 5265                             4
 
   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;

 S. 5265                             5
 
   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.

 S. 5265                             6
 
   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.

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