Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 05, 2024 |
reported referred to rules |
Feb 27, 2024 |
print number 1065a |
Feb 27, 2024 |
amend and recommit to codes |
Jan 03, 2024 |
referred to codes |
Jan 13, 2023 |
referred to codes |
Assembly Bill A1065A
2023-2024 Legislative Session
Sponsored By
DINOWITZ
Current 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
Actions
Bill Amendments
co-Sponsors
Amy Paulin
Steven Otis
Jo Anne Simon
Rebecca Seawright
2023-A1065 - Details
2023-A1065 - Summary
Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the influence of any drug, intoxicant, or other substance to a degree which rendered the victim temporarily incapable of appraising or controlling such person's conduct and such condition was known or reasonably should have been known to a person in the actor's situation.
2023-A1065 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1065 2023-2024 Regular Sessions I N A S S E M B L Y January 13, 2023 ___________ Introduced by M. of A. DINOWITZ, PAULIN, OTIS, SIMON, SEAWRIGHT, WEPRIN, SEPTIMO, HEVESI, D. ROSENTHAL, DARLING, L. ROSENTHAL, RA, DAVILA -- read once and referred to the Committee on Codes 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Amy Paulin
Grace Lee
Steven Otis
Jo Anne Simon
2023-A1065A (ACTIVE) - Details
2023-A1065A (ACTIVE) - Summary
Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the influence of any drug, intoxicant, or other substance to a degree which rendered the victim temporarily incapable of appraising or controlling such person's conduct and such condition was known or reasonably should have been known to a person in the actor's situation.
2023-A1065A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1065--A 2023-2024 Regular Sessions I N A S S E M B L Y January 13, 2023 ___________ Introduced by M. of A. DINOWITZ, PAULIN, OTIS, SIMON, SEAWRIGHT, WEPRIN, SEPTIMO, HEVESI, DARLING, L. ROSENTHAL, RA, DAVILA, LEE, STIRPE, McDO- NALD, BORES, LAVINE -- 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 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 23 of the laws of 2024, 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, TWO AND THREE OF SECTION 130.20, rape in the third degree as defined in subdivision seven, eight or nine of section 130.25, or a crime formerly defined in subdivision three of section 130.40 OF THIS ARTICLE, in addition to forcible compulsion, circumstances under which, at the time of the act of vaginal sexual contact, oral sexual contact or anal sexual contact, 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 circum- stances[.]; OR (E) WHERE THE OFFENSE CHARGED IS SEXUAL MISCONDUCT AS DEFINED IN SUBDIVISIONS ONE, TWO AND THREE OF SECTION 130.20, RAPE IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION SEVEN, EIGHT OR NINE OF SECTION 130.25, OR A CRIME FORMERLY DEFINED IN SUBDIVISION THREE OF SECTION 130.40 OF THIS ARTICLE, IN ADDITION TO FORCIBLE COMPULSION, CIRCUMSTANCES UNDER WHICH, AT THE TIME OF THE ACT OF VAGINAL SEXUAL CONTACT, ORAL SEXUAL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01032-08-4
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