New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A08823 Summary:

A08823 Actions:

A08823 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:01/29/2018AYE/NAY:20/0  Action: Favorable         
Lentol
Aye
Curran
Aye
Schimminger
Excused
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
Titus
Aye
Garbarino
Aye
O'Donnell
Absent
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye

A08823 Floor Votes:

A08823 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8823--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 6, 2017
                                       ___________
 
        Introduced  by  M. of A. BRAUNSTEIN, GALEF, GLICK, JAFFEE, M. G. MILLER,
          MOSLEY, ZEBROWSKI, DINOWITZ, SKARTADOS, GOTTFRIED  --  Multi-Sponsored
          by  --  M.  of A. CROUCH -- 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 establishing incapacity to
          consent  when  a  person is under arrest, in detention or otherwise in
          actual custody
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 130.05 of the penal law is amended
     2  by adding a new paragraph (j) to read as follows:
     3    (j) under arrest, in detention or otherwise in the actual custody of a
     4  police  officer, peace officer or other law enforcement official and the
     5  actor is a police officer, peace officer or other law enforcement  offi-
     6  cial  who  either:  (i)  is responsible for effecting the arrest of such
     7  person or maintaining such person in detention  or  actual  custody;  or
     8  (ii)  knows,  or  reasonably should know, that such person is under such
     9  arrest, detention or actual custody.
    10    § 2. Subdivision 4 of section 130.10 of the penal law, as  amended  by
    11  chapter 205 of the laws of 2011, is amended to read as follows:
    12    4. In any prosecution under this article in which the victim's lack of
    13  consent  is  based solely on his or her incapacity to consent because he
    14  or she was less than seventeen years old, mentally disabled, a client or
    15  patient and the actor is  a  health  care  provider,  under  arrest,  in
    16  detention  or  otherwise  in actual custody of law enforcement under the
    17  circumstances described in paragraph (j) of subdivision three of section
    18  130.05 of this article, or committed to the care and custody  or  super-
    19  vision  of the state department of corrections and community supervision
    20  or a hospital and the actor is an employee, it shall be a  defense  that
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13726-03-8
        A. 8823--A                          2
 
     1  the  defendant  was married to the victim as defined in subdivision four
     2  of section 130.00 of this article.
     3    §  3.  This  act shall take effect on the thirtieth day after it shall
     4  have become a law.