Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 03, 2024 |
referred to codes |
Jan 05, 2023 |
referred to codes |
Senate Bill S557
2023-2024 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Current Bill Status - In Senate Committee Codes 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
co-Sponsors
(D, WF) 48th Senate District
2023-S557 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§130.05 & 130.10, Pen L
- Versions Introduced in 2021-2022 Legislative Session:
-
S5745
2023-S557 (ACTIVE) - Sponsor Memo
BILL NUMBER: S557 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the penal law, in relation to amending sex offenses and consent involving members of the clergy PURPOSE: To provide that a person is legally incapable of consenting to sexual conduct when they are a member or adherent of a church or religious group and the actor is a member of the clergy or minister providing the person with pastoral counseling services. SUMMARY OF PROVISIONS: Section 1 of the bill amends paragraph (j) of subdivision 3 of section 130.05 of the Penal Law ("Sex offenses; lack of consent") to establish that a person is deemed legally incapable of consenting to sexual conduct when they are a member or adherent of an organized church or religious group, the actor is a member of the clergy or other minister,
2023-S557 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 557 2023-2024 Regular Sessions I N S E N A T E January 5, 2023 ___________ Introduced by Sens. HOYLMAN, MAY -- 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 amending sex offenses and consent involving members of the clergy THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (j) of subdivision 3 of section 130.05 of the penal law, as added by section 1 of part JJ of chapter 55 of the laws of 2018, is amended and a new paragraph (k) is added to read as follows: (j) detained or otherwise in the custody of a police officer, peace officer, or other law enforcement official and the actor is a police officer, peace officer or other law enforcement official who either: (i) is detaining or maintaining custody of such person; or (ii) knows, or reasonably should know, that at the time of the offense, such person was detained or in custody[.]; OR (K) A MEMBER OR ADHERENT OF AN ORGANIZED CHURCH OR RELIGIOUS GROUP AND THE ACTOR IS A MEMBER OF THE CLERGY OR OTHER MINISTER OF ANY RELIGION OR DULY ACCREDITED CHRISTIAN SCIENCE PRACTITIONER CHARGED WITH RAPE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.25 OF THIS ARTICLE, AGGRAVATED SEXUAL ABUSE IN THE FOURTH DEGREE AS DEFINED IN SECTION 130.65-A OF THIS ARTICLE, OR SEXUAL ABUSE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.55 OF THIS ARTICLE, AND THE ACT OF SEXUAL CONDUCT OCCURS DURING THE PROVISION OF PASTORAL COUNSELING SERVICES WITHIN THE CONTEXT OF HIS OR HER MINISTERIAL CHARGE OR OBLIGATION. § 2. Subdivision 4 of section 130.10 of the penal law, as amended by section 2 of part JJ of chapter 55 of the laws of 2018, is amended to read as follows: 4. In any prosecution under this article in which the victim's lack of consent is based solely on his or her incapacity to consent because he or she was less than seventeen years old, mentally disabled, a client or patient and the actor is a health care provider, A MEMBER OR ADHERENT OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02580-01-3
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