Assembly Bill A8820

2023-2024 Legislative Session

Authorizes the state inspector general to receive and investigate complaints of sexual assault in correctional facilities

download bill text pdf

Sponsored By

Current Bill Status Via S6975 - On Floor Calendar

  • 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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2023-A8820 (ACTIVE) - Details

See Senate Version of this Bill:
S6975
Law Section:
Executive Law
Laws Affected:
Amd §53, add §54-a, Exec L

2023-A8820 (ACTIVE) - Summary

Authorizes the state inspector general to receive and investigate complaints of sexual assault in correctional facilities and other places operated by the department of corrections and community supervision for the confinement of persons; requires the state inspector general to establish protocol and procedures for such reports and investigations.

2023-A8820 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8820
 
                           I N  A S S E M B L Y
 
                             January 18, 2024
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in relation to authorizing the  state
   inspector  general  to  receive  and  investigate complaints of sexual
   assault in correctional facilities and other places  operated  by  the
   department  of  corrections and community supervision for the confine-
   ment of persons
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 7 of section 53 of the executive law, as added
 by chapter 766 of the laws of 2005, is amended and a new  subdivision  8
 is added to read as follows:
   7.  establish  programs  for  training  state  officers  and employees
 regarding the prevention and elimination of corruption, fraud,  criminal
 activity, conflicts of interest or abuse in covered agencies[.]; AND
   8. RECEIVE AND INVESTIGATE COMPLAINTS OF SEXUAL ASSAULT IN CORRECTION-
 AL FACILITIES AND OTHER PLACES OPERATED BY THE DEPARTMENT OF CORRECTIONS
 AND  COMMUNITY  SUPERVISION FOR THE CONFINEMENT OF PERSONS IN ACCORDANCE
 WITH SECTION FIFTY-FOUR-A OF THIS ARTICLE.
   § 2. The executive law is amended by adding a new section 54-a to read
 as follows:
   § 54-A. INCIDENTS OF SEXUAL ASSAULT IN INSTITUTIONS IN THE  DEPARTMENT
 OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION.  1.  DEFINITIONS.  FOR THE
 PURPOSES OF THIS SECTION:
   A. "INSTITUTION" SHALL HAVE THE SAME MEANING AS DEFINED  IN  PARAGRAPH
 (C) OF SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION LAW.
   B.  "SEXUAL ASSAULT" OR ANY DERIVATIVE TERM THEREOF MEANS ANY NON-CON-
 SENSUAL SEXUAL CONTACT, INCLUDING  BUT  NOT  LIMITED  TO  THE  FOLLOWING
 OFFENSES  AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW: (I)
 RAPE; (II) CRIMINAL SEXUAL ACT; (III) SEXUAL MISCONDUCT; AND (IV) SEXUAL
 ABUSE.
   C. "NON-CONSENSUAL" OR ANY DERIVATIVE WORD OR PHRASE  SHALL  HAVE  THE
 SAME  MEANING  AS  "LACK OF CONSENT" AS DEFINED IN SECTION 130.05 OF THE
 PENAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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