Requires testing of a sexual assault victim for the presence of "date rape drugs"; creates a first degree offense for facilitating a sex offense with controlled substances considered to be "date rape drugs"; and creates a second degree offense for facilitating a sex offense with controlled substances other than "date rape drugs".
STATE OF NEW YORK
________________________________________________________________________
553
2009-2010 Regular Sessions
IN SENATE(Prefiled)
January 7, 2009
___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, the penal law, the executive law
and the correction law, in relation to sex offenses facilitated by the
use of drugs commonly referred to as "date rape drugs"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 4-b of section 2805-i of the
2 public health law is amended by adding a new subparagraph 4 to read as
3 follows:
4 (4) No later than four hours after arriving at the hospital, the
5 victim shall, during the examination by a sexual assault forensic exam-
6 iner, have his or her blood drawn and tested for gamma hyroxybutyric
7 acid (GHB), rohypnol (flunitrazepam), and ketamine (ketamine hydrochlo-
8 ride), commonly known as "date rape drugs". Such tested material and
9 results shall be collected and maintained as evidence pursuant to subdi-
10 vision two of this section.
11 § 2. Section 130.90 of the penal law, as added by chapter 1 of the
12 laws of 2000 and subdivisions 1 and 2 as amended by chapter 264 of the
13 laws of 2003, is amended to read as follows:
14 § 130.90 Facilitating a sex offense with a controlled substance in the
15 first degree.
16 A person is guilty of facilitating a sex offense with a controlled
17 substance in the first degree when he or she:
18 1. knowingly and unlawfully possesses [a] one or more of the following
19 controlled [substance or any preparation, compound, mixture or substance
20 that requires a prescription to obtain] substances; gamma hyroxybutyric
21 acid (GHB); rohypnol (flunitrazepam); or ketamine (ketamine hydrochol-
22 ride), commonly known as "date rape drugs", and administers such
23 substance [or preparation, compound, mixture or substance that requires
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04274-01-9
S. 553 2
1 a prescription to obtain] or substances to another person without such
2 person's consent and with intent to commit against such person conduct
3 constituting a felony defined in this article; and
4 2. commits or attempts to commit such conduct constituting a felony
5 defined in this article.
6 Facilitating a sex offense with a controlled substance in the first
7 degree is a class [D] C felony.
8 § 3. The penal law is amended by adding a new section 130.89 to read
9 as follows:
10 § 130.89 Facilitating a sex offense with a controlled substance in the
11 second degree.
12 A person is guilty of facilitating a sex offense with a controlled
13 substance in the second degree when he or she:
14 1. knowingly and unlawfully possesses a controlled substance or any
15 preparation, compound, mixture or substance, other than those controlled
16 substances listed in section 130.90 of this article, that requires a
17 prescription to obtain and administers such substance or preparation,
18 compound, mixture or substance that requires a prescription to obtain to
19 another person without such person's consent and with intent to commit
20 against such person conduct constituting a felony defined in this arti-
21 cle; and
22 2. commits or attempts to commit such conduct constituting a felony
23 defined in this article.
24 Facilitating a sex offense with a controlled substance in the second
25 degree is a class D felony.
26 § 4. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
27 penal law, paragraph (b) as separately amended by chapters 764 and 765
28 of the laws of 2005 and paragraph (c) as amended by chapter 7 of the
29 laws of 2007, are amended to read as follows:
30 (b) Class C violent felony offenses: an attempt to commit any of the
31 class B felonies set forth in paragraph (a); aggravated criminally
32 negligent homicide as defined in section 125.11, aggravated manslaughter
33 in the second degree as defined in section 125.21, aggravated sexual
34 abuse in the second degree as defined in section 130.67, assault on a
35 peace officer, police officer, fireman or emergency medical services
36 professional as defined in section 120.08, gang assault in the second
37 degree as defined in section 120.06, facilitating a sex offense with a
38 controlled substance in the first degree as defined in section 130.90,
39 burglary in the second degree as defined in section 140.25, robbery in
40 the second degree as defined in section 160.10, criminal possession of a
41 weapon in the second degree as defined in section 265.03, criminal use
42 of a firearm in the second degree as defined in section 265.08, criminal
43 sale of a firearm in the second degree as defined in section 265.12,
44 criminal sale of a firearm with the aid of a minor as defined in section
45 265.14, soliciting or providing support for an act of terrorism in the
46 first degree as defined in section 490.15, hindering prosecution of
47 terrorism in the second degree as defined in section 490.30, and crimi-
48 nal possession of a chemical weapon or biological weapon in the third
49 degree as defined in section 490.37.
50 (c) Class D violent felony offenses: an attempt to commit any of the
51 class C felonies set forth in paragraph (b); reckless assault of a child
52 as defined in section 120.02, assault in the second degree as defined in
53 section 120.05, menacing a police officer or peace officer as defined in
54 section 120.18, stalking in the first degree, as defined in subdivision
55 one of section 120.60, rape in the second degree as defined in section
56 130.30, criminal sexual act in the second degree as defined in section
S. 553 3
1 130.45, sexual abuse in the first degree as defined in section 130.65,
2 course of sexual conduct against a child in the second degree as defined
3 in section 130.80, aggravated sexual abuse in the third degree as
4 defined in section 130.66, facilitating a sex offense with a controlled
5 substance in the second degree as defined in section [130.90] 130.89,
6 criminal possession of a weapon in the third degree as defined in subdi-
7 vision five, six, seven or eight of section 265.02, criminal sale of a
8 firearm in the third degree as defined in section 265.11, intimidating a
9 victim or witness in the second degree as defined in section 215.16,
10 soliciting or providing support for an act of terrorism in the second
11 degree as defined in section 490.10, and making a terroristic threat as
12 defined in section 490.20, falsely reporting an incident in the first
13 degree as defined in section 240.60, placing a false bomb or hazardous
14 substance in the first degree as defined in section 240.62, placing a
15 false bomb or hazardous substance in a sports stadium or arena, mass
16 transportation facility or enclosed shopping mall as defined in section
17 240.63, and aggravated unpermitted use of indoor pyrotechnics in the
18 first degree as defined in section 405.18.
19 § 5. Subdivision 2-f of section 70.25 of the penal law, as added by
20 chapter 1 of the laws of 2000, is amended to read as follows:
21 2-f. Whenever a person is convicted of facilitating a sex offense with
22 a controlled substance in the second degree as defined in section 130.89
23 or facilitating a sex offense with a controlled substance in the first
24 degree as defined in section 130.90 of this chapter, the sentence
25 imposed by the court for such offense may be ordered to run consecutive-
26 ly to any sentence imposed upon conviction of an offense defined in
27 article one hundred thirty of this chapter arising from the same crimi-
28 nal transaction.
29 § 6. Paragraph (d) of subdivision 7 of section 995 of the executive
30 law, as amended by chapter 2 of the laws of 2006, is amended to read as
31 follows:
32 (d) any of the following felonies, or an attempt thereof where such
33 attempt is a felony offense:
34 aggravated assault upon a person less than eleven years old, as
35 defined in section 120.12 of the penal law; menacing in the first
36 degree, as defined in section 120.13 of the penal law; reckless endan-
37 germent in the first degree, as defined in section 120.25 of the penal
38 law; stalking in the second degree, as defined in section 120.55 of the
39 penal law; criminally negligent homicide, as defined in section 125.10
40 of the penal law; vehicular manslaughter in the second degree, as
41 defined in section 125.12 of the penal law; vehicular manslaughter in
42 the first degree, as defined in section 125.13 of the penal law;
43 persistent sexual abuse, as defined in section 130.53 of the penal law;
44 aggravated sexual abuse in the fourth degree, as defined in section
45 130.65-a of the penal law; female genital mutilation, as defined in
46 section 130.85 of the penal law; facilitating a sex offense with a
47 controlled substance in the second degree, as defined in section 130.89
48 of the penal law; facilitating a sex offense with a controlled substance
49 in the first degree, as defined in section 130.90 of the penal law;
50 unlawful imprisonment in the first degree, as defined in section 135.10
51 of the penal law; custodial interference in the first degree, as defined
52 in section 135.50 of the penal law; criminal trespass in the first
53 degree, as defined in section 140.17 of the penal law; criminal tamper-
54 ing in the first degree, as defined in section 145.20 of the penal law;
55 tampering with a consumer product in the first degree, as defined in
56 section 145.45 of the penal law; robbery in the third degree as defined
S. 553 4
1 in section 160.05 of the penal law; identity theft in the second degree,
2 as defined in section 190.79 of the penal law; identity theft in the
3 first degree, as defined in section 190.80 of the penal law; promoting
4 prison contraband in the first degree, as defined in section 205.25 of
5 the penal law; tampering with a witness in the third degree, as defined
6 in section 215.11 of the penal law; tampering with a witness in the
7 second degree, as defined in section 215.12 of the penal law; tampering
8 with a witness in the first degree, as defined in section 215.13 of the
9 penal law; criminal contempt in the first degree, as defined in subdivi-
10 sions (b), (c) and (d) of section 215.51 of the penal law; aggravated
11 criminal contempt, as defined in section 215.52 of the penal law; bail
12 jumping in the second degree, as defined in section 215.56 of the penal
13 law; bail jumping in the first degree, as defined in section 215.57 of
14 the penal law; patronizing a prostitute in the second degree, as defined
15 in section 230.05 of the penal law; patronizing a prostitute in the
16 first degree, as defined in section 230.06 of the penal law; promoting
17 prostitution in the second degree, as defined in section 230.30 of the
18 penal law; promoting prostitution in the first degree, as defined in
19 section 230.32 of the penal law; compelling prostitution, as defined in
20 section 230.33 of the penal law; disseminating indecent materials to
21 minors in the second degree, as defined in section 235.21 of the penal
22 law; disseminating indecent materials to minors in the first degree, as
23 defined in section 235.22 of the penal law; riot in the first degree, as
24 defined in section 240.06 of the penal law; criminal anarchy, as defined
25 in section 240.15 of the penal law; aggravated harassment of an employee
26 by an inmate, as defined in section 240.32 of the penal law; unlawful
27 surveillance in the second degree, as defined in section 250.45 of the
28 penal law; unlawful surveillance in the first degree, as defined in
29 section 250.50 of the penal law; endangering the welfare of a vulnerable
30 elderly person in the second degree, as defined in section 260.32 of the
31 penal law; endangering the welfare of a vulnerable elderly person in the
32 first degree, as defined in section 260.34 of the penal law; use of a
33 child in a sexual performance, as defined in section 263.05 of the penal
34 law; promoting an obscene sexual performance by a child, as defined in
35 section 263.10 of the penal law; possessing an obscene sexual perform-
36 ance by a child, as defined in section 263.11 of the penal law; promot-
37 ing a sexual performance by a child, as defined in section 263.15 of the
38 penal law; possessing a sexual performance by a child, as defined in
39 section 263.16 of the penal law; criminal possession of a weapon in the
40 third degree, as defined in section 265.02 of the penal law; criminal
41 sale of a firearm in the third degree, as defined in section 265.11 of
42 the penal law; criminal sale of a firearm to a minor, as defined in
43 section 265.16 of the penal law; unlawful wearing of a body vest, as
44 defined in section 270.20 of the penal law; hate crimes as defined in
45 section 485.05 of the penal law; and crime of terrorism, as defined in
46 section 490.25 of the penal law; or
47 § 7. Subparagraph (ii) of paragraph (a) of subdivision 3 of section
48 168-a of the correction law, as amended by chapter 107 of the laws of
49 2006, is amended to read as follows:
50 (ii) a conviction of or a conviction for an attempt to commit any of
51 the provisions of sections 130.53, 130.65-a, 130.89 and 130.90 of the
52 penal law, or
53 § 8. This act shall take effect on the ninetieth day after it shall
54 have become a law.
