A04969 Summary:

BILL NO    A04969B

SAME AS    SAME AS S03203-A

SPONSOR    Simotas

COSPNSR    Crespo

MLTSPNSR   


Amd 130.52, Pen L


Relates to the crime of forcible touching.
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A04969 Actions:

BILL NO    A04969B

02/10/2015 referred to codes
04/30/2015 amend (t) and recommit to codes
04/30/2015 print number 4969a
06/14/2015 amend (t) and recommit to codes
06/14/2015 print number 4969b
06/16/2015 reported referred to rules
06/17/2015 reported 
06/17/2015 rules report cal.522
06/17/2015 ordered to third reading rules cal.522
06/18/2015 passed assembly
06/18/2015 delivered to senate
06/18/2015 REFERRED TO RULES
06/18/2015 SUBSTITUTED FOR S3203A
06/18/2015 PASSED SENATE
06/18/2015 RETURNED TO ASSEMBLY
09/15/2015 delivered to governor
09/25/2015 signed chap.250
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A04969 Votes:

A04969B06/18/2015 142/1
AbbateYClarkERGanttYKimYMorelleYRichardYStecY
AbinantYColtonYGarbariYKolbYMosleyYRiveraYSteckY
ArroyoYCookYGiglioYLalorERMoyaYRobertsERStirpeY
AubryYCorwinYGjonajYLavineYMurrayYRobinsoYTediscoY
BarclayYCrespoYGlickYLawrencYNojayYRodriguYTenneyY
BarrettYCrouchYGoldfedYLentolYNolanYRosenthYThieleY
BarronYCurranYGoodellYLiftonYOaksYRozicYTitoneY
BenedetYCusickYGottfriYLinaresYO'DonneYRussellYTitusY
BichottERCymbrowYGrafYLopezYOrtizYRyanYWalkerY
BlakeYDavilaERGuntherYLupardoYOtisYSaladinYWalterY
BlankenYDenDekkYHawleyYLupinacYPalmesaYSantabaYWeinsteY
BorelliYDilanYHevesiYMageeYPalumboYSchimelYWeprinY
BrabeneYDinowitYHikindYMagnareYPaulinYSchimmiYWoernerY
BraunstYDiPietrYHooperYMalliotYPeoplesNOSeawrigYWozniakY
BrennanYDupreyYJaffeeYMarkeyERPerryYSepulveYWrightY
BrindisYEnglebrYJean-PiYMayerYPersaudYSilverYZebrowsY
BronsonYFahyYJohnsYMcDonalYPichardYSimanowYMr SpkrY
Brook-KYFarrellYJoynerYMcDonouYPretlowYSimonY
BuchwalYFinchYKaminskYMcKevitYQuartYSimotasY
ButlerYFitzpatYKatzYMcLaughYRaYSkartadY
CahillYFriendYKavanagYMillerYRaiaYSkoufisY
CerettoYGalefYKearnsYMontesaYRamosYSolagesY

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A04969 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4969B
 
SPONSOR: Simotas
  TITLE OF BILL: An act to amend the penal law, in relation to the crime of forcible touching   PURPOSE: To amend the penal law to increase the penalty when a person subjects another person to sexual contact for the purpose of gratifying the actor's sexual desire and with intent to degrade or abuse such other person while such other person is a passenger aboard public transporta- tion.   SUMMARY OF PROVISIONS: This bill amends § 130.52 of the Penal Law relating to Forcible Touching to make it a class A misdemeanor to subject another person to sexual contact for the purpose of gratifying the actor's sexual desire and with intent to degrade or abuse such other person while such other person is a passenger on a bus, train, or subway car operated by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions.   JUSTIFICATION: According to the Manhattan District Attorney, Darnell Hardware "entered a crowded subway train during rush hour, pressed his body against a female victim, and rubbed his penis on her. Because of the crowded subway car, the women were unable to move away from the defendant, who ejaculated on the women's bodies and clothing, and then fled. The victims were young women commuting to and from work or school." Currently, the Penal Law provides for a class B misdemeanor for this conduct. This measure would increase the penalty to a class A misdemeanor for any sexual contact, clothed or unclothed, and including the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed, that takes place on public transportation.   LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the first day of Novem- ber after it shall have become law.
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A04969 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4969--B
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 10, 2015
                                       ___________
 
        Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
          tee on Codes -- committee discharged, bill amended, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT  to  amend  the  penal law, in relation to the crime of forcible
          touching
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The opening paragraph of section 130.52 of the penal law,
     2  as amended by chapter 264 of the laws of 2003,  is  amended  and  a  new
     3  subdivision 2 is added to read as follows:
     4    A  person  is  guilty  of  forcible  touching  when such person inten-
     5  tionally, and for no legitimate purpose[,]:
     6    1. forcibly touches the sexual or  other  intimate  parts  of  another
     7  person  for  the  purpose of degrading or abusing such person[;], or for
     8  the purpose of gratifying the actor's sexual desire[.]; or
     9    2. subjects another person to sexual contact for the purpose of grati-
    10  fying the actor's sexual desire and with intent to degrade or abuse such
    11  other person while such other person is a passenger on a bus, train,  or
    12  subway  car operated by any transit agency, authority or company, public
    13  or private, whose operation is authorized by New York state  or  any  of
    14  its political subdivisions.
    15    § 2. This act shall take effect on the first of November next succeed-
    16  ing the date on which it shall have become a law.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07363-03-5
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