Bill Text: NY A00752 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 752 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the penal law and the correction law, in relation to the new crime of gang sexual assault

Spectrum: Partisan Bill (Republican 23-1)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A00752 Detail]

Download: New_York-2009-A00752-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          752
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. McDONOUGH, ALFANO, ERRIGO, BARRA, SALADINO, WALK-
         ER  --  Multi-Sponsored  by  --  M.  of A. BACALLES, BARCLAY, BURLING,
         CALHOUN, CONTE, CROUCH,  FINCH,  FITZPATRICK,  GIGLIO,  KOLB,  MILLER,
         O'MARA, QUINN, RAIA, SAYWARD, SCOZZAFAVA, TEDISCO, THIELE, TOWNSEND --
         read once and referred to the Committee on Codes
       AN ACT to amend the penal law and the correction law, in relation to the
         new crime of gang sexual assault
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new section 130.54  to
    2  read as follows:
    3  S 130.54 GANG SEXUAL ASSAULT.
    4    A PERSON IS GUILTY OF GANG SEXUAL ASSAULT WHEN:
    5    1.  AIDED  BY TWO OR MORE PERSONS ACTUALLY PRESENT, HE OR SHE SUBJECTS
    6  ANOTHER PERSON TO SEXUAL  CONTACT  WITHOUT  THE  CONSENT  OF  THE  OTHER
    7  PERSON; OR
    8    2.  WITH  INTENT  TO  EXPOSE THE INTIMATE PARTS OF THE BODY OF ANOTHER
    9  PERSON, AND WHEN AIDED BY TWO OR MORE OTHER PERSONS ACTUALLY PRESENT, HE
   10  OR SHE REMOVES OR ATTEMPTS TO REMOVE AN ARTICLE OF  CLOTHING  FROM  SUCH
   11  PERSON WITHOUT THE CONSENT OF SUCH PERSON.
   12    GANG SEXUAL ASSAULT IS A CLASS E FELONY.
   13    S  2.  Paragraph  (c)  of subdivision 2 of section 130.05 of the penal
   14  law, as amended by chapter 264 of the laws of 2003, is amended  to  read
   15  as follows:
   16    (c) Where the offense charged is sexual abuse [or], forcible touching,
   17  OR  GANG  SEXUAL  ASSAULT,  any  circumstances,  in addition to forcible
   18  compulsion or incapacity to  consent,  in  which  the  victim  does  not
   19  expressly or impliedly acquiesce in the actor's conduct; or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01469-01-9
       A. 752                              2
    1    S  3.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
    2  168-a of the correction law, as amended by chapter 405 of  the  laws  of
    3  2008, is amended to read as follows:
    4    (i)  a  conviction  of or a conviction for an attempt to commit any of
    5  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
    6  130.45,  130.52,  130.54,  130.60,  230.34,  250.50,  255.25, 255.26 and
    7  255.27 or article two hundred sixty-three of the penal law,  or  section
    8  135.05,  135.10,  135.20  or  135.25  of such law relating to kidnapping
    9  offenses, provided the victim of such kidnapping or related  offense  is
   10  less  than seventeen years old and the offender is not the parent of the
   11  victim, or section 230.04, where the person patronized is in  fact  less
   12  than  seventeen  years  of  age, 230.05 or 230.06, or subdivision two of
   13  section 230.30, or section 230.32 or 230.33 of the penal law, or
   14    S 4. This act shall take effect on the first of November next succeed-
   15  ing the date on which it shall have become a law.