Bill Text: NY A03999 | 2013-2014 | General Assembly | Introduced

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Bill Title: 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".

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A03999 Detail]

Download: New_York-2013-A03999-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3999
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2013
                                      ___________
       Introduced  by  M. of A. CAMARA, AUBRY, GUNTHER, BOYLAND, BARRON, CASTRO
         -- Multi-Sponsored by -- M. of A.  COOK,  CORWIN,  CROUCH,  McDONOUGH,
         McKEVITT,  RAIA, WEISENBERG -- read once and referred to the Committee
         on Codes
       AN ACT to amend the public health law, the penal 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 HYDROXYBUTYRIC
    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    S 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  S 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 HYDROXYBUTYRIC
   21  ACID (GHB), ROHYPNOL (FLUNITRAZEPAM), OR KETAMINE  (KETAMINE  HYDROCHLO-
   22  RIDE),  COMMONLY  KNOWN  AS  "DATE  RAPE  DRUGS",  and  administers such
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07421-02-3
       A. 3999                             2
    1  substance [or preparation, compound, mixture or substance that  requires
    2  a  prescription  to obtain] OR SUBSTANCES to another person without such
    3  person's consent and with intent to commit against such  person  conduct
    4  constituting a felony defined in this article; and
    5    2.  commits  or  attempts to commit such conduct constituting a felony
    6  defined in this article.
    7    Facilitating a sex offense with a controlled substance  IN  THE  FIRST
    8  DEGREE is a class [D] C felony.
    9    S  3.  The penal law is amended by adding a new section 130.89 to read
   10  as follows:
   11  S 130.89 FACILITATING A SEX OFFENSE WITH A CONTROLLED SUBSTANCE  IN  THE
   12             SECOND DEGREE.
   13    A  PERSON  IS  GUILTY  OF FACILITATING A SEX OFFENSE WITH A CONTROLLED
   14  SUBSTANCE IN THE SECOND DEGREE WHEN HE OR SHE:
   15    1. KNOWINGLY AND UNLAWFULLY POSSESSES A CONTROLLED  SUBSTANCE  OR  ANY
   16  PREPARATION, COMPOUND, MIXTURE OR SUBSTANCE, OTHER THAN THOSE CONTROLLED
   17  SUBSTANCES  LISTED  IN  SECTION  130.90 OF THIS ARTICLE, THAT REQUIRES A
   18  PRESCRIPTION TO OBTAIN AND ADMINISTERS SUCH  SUBSTANCE  OR  PREPARATION,
   19  COMPOUND, MIXTURE OR SUBSTANCE THAT REQUIRES A PRESCRIPTION TO OBTAIN TO
   20  ANOTHER  PERSON  WITHOUT SUCH PERSON'S CONSENT AND WITH INTENT TO COMMIT
   21  AGAINST SUCH PERSON CONDUCT CONSTITUTING A FELONY DEFINED IN THIS  ARTI-
   22  CLE; AND
   23    2.  COMMITS  OR  ATTEMPTS TO COMMIT SUCH CONDUCT CONSTITUTING A FELONY
   24  DEFINED IN THIS ARTICLE.
   25    FACILITATING A SEX OFFENSE WITH A CONTROLLED SUBSTANCE IN  THE  SECOND
   26  DEGREE IS A CLASS D FELONY.
   27    S  4.  Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
   28  penal law, as amended by chapter 1 of the laws of 2013, are  amended  to
   29  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) of this subdivision;  aggra-
   32  vated criminally negligent homicide as defined in section 125.11, aggra-
   33  vated  manslaughter  in  the second degree as defined in section 125.21,
   34  aggravated sexual abuse in the  second  degree  as  defined  in  section
   35  130.67,  FACILITATING  A  SEX OFFENSE WITH A CONTROLLED SUBSTANCE IN THE
   36  FIRST DEGREE AS DEFINED IN SECTION 130.90, assault on a  peace  officer,
   37  police  officer,  fireman  or emergency medical services professional as
   38  defined in section 120.08, assault on a  judge  as  defined  in  section
   39  120.09,  gang assault in the second degree as defined in section 120.06,
   40  strangulation in the first degree as defined in section 121.13, burglary
   41  in the second degree as defined in section 140.25, robbery in the second
   42  degree as defined in section 160.10, criminal possession of a weapon  in
   43  the  second  degree  as  defined  in  section  265.03, criminal use of a
   44  firearm in the second degree as defined in section 265.08, criminal sale
   45  of a firearm in the second degree as defined in section 265.12, criminal
   46  sale of a firearm with the aid of a minor as defined in section  265.14,
   47  aggravated criminal possession of a weapon as defined in section 265.19,
   48  soliciting  or  providing  support  for an act of terrorism in the first
   49  degree as defined in section 490.15, hindering prosecution of  terrorism
   50  in  the  second  degree  as  defined  in  section  490.30,  and criminal
   51  possession of a chemical weapon or biological weapon in the third degree
   52  as defined in section 490.37.
   53    (c) Class D violent felony offenses: an attempt to commit any  of  the
   54  class C felonies set forth in paragraph (b); reckless assault of a child
   55  as defined in section 120.02, assault in the second degree as defined in
   56  section 120.05, menacing a police officer or peace officer as defined in
       A. 3999                             3
    1  section  120.18, stalking in the first degree, as defined in subdivision
    2  one of section 120.60, strangulation in the second degree as defined  in
    3  section  121.12, rape in the second degree as defined in section 130.30,
    4  criminal  sexual  act in the second degree as defined in section 130.45,
    5  sexual abuse in the first degree as defined in section 130.65, course of
    6  sexual conduct against a child  in  the  second  degree  as  defined  in
    7  section  130.80,  aggravated sexual abuse in the third degree as defined
    8  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    9  substance  IN  THE  SECOND DEGREE as defined in section [130.90] 130.89,
   10  criminal possession of a weapon in the third degree as defined in subdi-
   11  vision five, six, seven, eight, nine or ten of section 265.02,  criminal
   12  sale  of  a  firearm  in  the third degree as defined in section 265.11,
   13  intimidating a victim or witness in the  second  degree  as  defined  in
   14  section  215.16, soliciting or providing support for an act of terrorism
   15  in the second degree as defined in section 490.10, and making a  terror-
   16  istic threat as defined in section 490.20, falsely reporting an incident
   17  in  the  first degree as defined in section 240.60, placing a false bomb
   18  or hazardous substance in the first degree as defined in section 240.62,
   19  placing a false bomb or hazardous  substance  in  a  sports  stadium  or
   20  arena, mass transportation facility or enclosed shopping mall as defined
   21  in section 240.63, and aggravated unpermitted use of indoor pyrotechnics
   22  in the first degree as defined in section 405.18.
   23    S  5.  Subdivision  2-f of section 70.25 of the penal law, as added by
   24  chapter 1 of the laws of 2000, is amended to read as follows:
   25    2-f. Whenever a person is convicted of FACILITATING A SEX OFFENSE WITH
   26  A CONTROLLED SUBSTANCE IN THE SECOND DEGREE AS DEFINED IN SECTION 130.89
   27  OR facilitating a sex offense with a controlled substance IN  THE  FIRST
   28  DEGREE  as  defined  in  section  130.90  of  this chapter, the sentence
   29  imposed by the court for such offense may be ordered to run consecutive-
   30  ly to any sentence imposed upon conviction  of  an  offense  defined  in
   31  article  one hundred thirty of this chapter arising from the same crimi-
   32  nal transaction.
   33    S 6. Subparagraph (ii) of paragraph (a) of subdivision  3  of  section
   34  168-a  of  the  correction law, as amended by chapter 107 of the laws of
   35  2006, is amended to read as follows:
   36    (ii) a conviction of or a conviction for an attempt to commit  any  of
   37  the  provisions  of  sections 130.53, 130.65-a, 130.89 and 130.90 of the
   38  penal law, or
   39    S 7. This act shall take effect on the ninetieth day  after  it  shall
   40  have  become a law; provided that if section 27 of chapter 1 of the laws
   41  of 2013 has not taken effect on such date, then the amendments  made  to
   42  paragraphs  (b)  and  (c) of subdivision 1 of section 70.02 of the penal
   43  law by section four of this act shall take effect on the same  date  and
   44  in the same manner as section 27 of chapter 1 of the laws of 2013, takes
   45  effect.