Bill Text: NY A03921 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to the crime of aggravated rape

Spectrum: Slight Partisan Bill (Democrat 12-4)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A03921 Detail]

Download: New_York-2009-A03921-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3921
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2009
                                      ___________
       Introduced by M. of A. MAYERSOHN, GALEF, DINOWITZ, HOOPER -- Multi-Spon-
         sored  by  --  M.  of A.   ALFANO, BACALLES, BARRA, DIAZ, KOON, MAGEE,
         McDONOUGH, ORTIZ, PAULIN, PHEFFER, SWEENEY, WEISENBERG  --  read  once
         and referred to the Committee on Codes
       AN  ACT  to  amend the penal law, in relation to the crime of aggravated
         rape
         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 130.36 to
    2  read as follows:
    3  S 130.36  AGGRAVATED RAPE.
    4    A PERSON IS GUILTY OF AGGRAVATED RAPE WHEN, KNOWING HE  OR  SHE  IS  A
    5  CARRIER OF THE HUMAN IMMUNODEFICIENCY VIRUS, HE OR SHE ENGAGES IN SEXUAL
    6  INTERCOURSE WITH ANOTHER PERSON:
    7    1. BY FORCIBLE COMPULSION; OR
    8    2.  WHO IS INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY HELPLESS
    9  OR MENTALLY INCOMPETENT; OR
   10    3. WHO IS LESS THAN ELEVEN YEARS OLD.
   11    AGGRAVATED RAPE IS A CLASS A-II FELONY.
   12    S 2.   This act shall take  effect  on  the  first  of  November  next
   13  succeeding 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.
                                                                  LBD04514-01-9