Bill Text: NY S07540 | 2021-2022 | General Assembly | Introduced


Bill Title: Establishes the crime of aggravated forcible touching by an inmate as a class E felony where an inmate forcibly touches the intimate parts of an employee of a correctional facility, the board of parole, the office of mental health, a probation department, bureau or unit, or a police officer.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2022-01-05 - REFERRED TO CODES [S07540 Detail]

Download: New_York-2021-S07540-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7540

                               2021-2022 Regular Sessions

                    IN SENATE

                                    November 24, 2021
                                       ___________

        Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the penal law, in relation to establishing the crime  of
          aggravated forcible touching by an inmate

          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  130.52-a
     2  to read as follows:
     3  § 130.52-a Aggravated forcible touching by an inmate.
     4    1.  An  inmate or respondent is guilty of aggravated forcible touching
     5  by an inmate when  such  inmate  intentionally  and  for  no  legitimate
     6  purpose  forcibly touches the sexual or other intimate parts of a person
     7  whom he or she knows or reasonably should know to be an  employee  of  a
     8  facility,  the board of parole, the office of mental health, a probation
     9  department, bureau or unit, or a police  officer,  for  the  purpose  of
    10  degrading  or  abusing  such person or for the purpose of gratifying the
    11  inmate's or respondent's sexual desire.
    12    2. For purposes of this section:
    13    (a) "inmate" means an inmate or detainee in a  correctional  facility,
    14  local  correctional  facility  or a hospital, as such term is defined in
    15  subdivision two of section four hundred of the correction law;
    16    (b) "respondent" means a juvenile in a secure  facility  operated  and
    17  maintained  by  the office of children and family services who is placed
    18  with or committed to the office of children and family services; and
    19    (c) "facility" means a correctional  facility  or  local  correctional
    20  facility, hospital as such term is defined in subdivision two of section
    21  four  hundred  of  the correction law, or a secure facility operated and
    22  maintained by the office of children and family services.
    23    Aggravated forcible touching by an inmate is a class E felony.
    24    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13767-01-1
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