Bill Text: NY A06809 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation and the contact was intentional and with the sole purpose of sexual gratification; relates to public lewdness while a passenger on public transportation; establishes enhanced penalties for offenses committed while in or upon a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority; provides for the suspension or revocation of the use of a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2019-06-14 - print number 6809a [A06809 Detail]

Download: New_York-2019-A06809-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6809--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     March 20, 2019
                                       ___________

        Introduced  by  M.  of  A.  CUSICK,  MONTESANO,  BYRNE  -- read once and
          referred to the Committee  on  Codes  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the penal law, in relation to sexual abuse in the  first
          degree  where  a  person  is incapable of consent while a passenger on
          public transportation; in relation to public lewdness while a  passen-
          ger  on  public  transportation;  in relation to establishing enhanced
          penalties for offenses committed while in or upon a building,  facili-
          ty, property, vehicle or train owned, leased or operated by the metro-
          politan  transportation authority; and to amend the criminal procedure
          law, in relation to the suspension or  revocation  of  the  use  of  a
          facility,  property, vehicle or train owned, leased or operated by the
          metropolitan transportation authority

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1.  Section 130.65 of the penal law is amended by adding a new
     2  subdivision 2-a to read as follows:
     3    2-a. Intentionally, and with the sole purpose of sexual gratification,
     4  and  without the consent of the other person while a passenger on public
     5  transportation; or
     6    § 2. Subdivision 2 of section 245.03 of the penal  law,  as  added  by
     7  chapter  186  of the laws of 2014, is amended and a new subdivision 3 is
     8  added to read as follows:
     9    2. he or she commits the crime  of  public  lewdness,  as  defined  in
    10  section  245.00  of this article, and within the preceding year has been
    11  convicted  of  an  offense  defined  in  such  section  245.00  or  this
    12  section[.]; or
    13    3.  he  or  she  commits  the  crime of public lewdness, as defined in
    14  section 245.00 of this article, while a passenger on public  transporta-
    15  tion.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05894-05-9

        A. 6809--A                          2

     1    § 3. The penal law is amended by adding a new section 70.11 to read as
     2  follows:
     3  §  70.11  Sentences  of  imprisonment for offenses committed while in or
     4            upon a building, facility, property, vehicle or  train  owned,
     5            leased or operated by the metropolitan transportation authori-
     6            ty; aggravating factors.
     7    Matters  occurring  while  in  or upon a building, facility, property,
     8  vehicle or train owned, leased or operated by the metropolitan transpor-
     9  tation authority, shall result in  the  following  enhancement  of  such
    10  sentence:
    11    1.  For  offenses  committed under section 120.00 of this chapter, the
    12  sentence shall reflect a class E felony;
    13    2. For offenses committed under section 120.01 of  this  chapter,  the
    14  sentence shall reflect a class D felony;
    15    3.  For  offenses  committed under section 120.02 of this chapter, the
    16  sentence shall reflect a class C felony;
    17    4. For offenses committed under section 120.05 of  this  chapter,  the
    18  sentence shall reflect a class C felony;
    19    5.  For  offenses  committed under section 120.06 of this chapter, the
    20  sentence shall reflect a class B felony;
    21    6. For offenses committed under section 120.07 of  this  chapter,  the
    22  sentence shall reflect a class A felony;
    23    7.  For  offenses  committed under section 120.08 of this chapter, the
    24  sentence shall reflect a class B felony;
    25    8. For offenses committed under section 120.09 of  this  chapter,  the
    26  sentence shall reflect a class B felony;
    27    9.  For  offenses  committed under section 120.10 of this chapter, the
    28  sentence shall reflect a class A felony;
    29    10. For offenses committed under section 120.11 of this  chapter,  the
    30  sentence shall reflect a class A felony;
    31    11.  For  offenses committed under section 120.12 of this chapter, the
    32  sentence shall reflect a class D felony;
    33    12. For offenses committed under section 120.13 of this  chapter,  the
    34  sentence shall reflect a class D felony;
    35    13.  For  offenses committed under section 120.14 of this chapter, the
    36  sentence shall reflect a class E felony;
    37    14. For offenses committed under section 120.15 of this  chapter,  the
    38  sentence shall reflect a class A misdemeanor;
    39    15.  For  offenses committed under section 120.16 of this chapter, the
    40  sentence shall reflect a class E felony;
    41    16. For offenses committed under section 120.17 of this  chapter,  the
    42  sentence shall reflect a class B misdemeanor;
    43    17.  For  offenses committed under section 120.18 of this chapter, the
    44  sentence shall reflect a class C felony;
    45    18. For offenses committed under section 120.20 of this  chapter,  the
    46  sentence shall reflect a class E felony;
    47    19.  For  offenses committed under section 120.25 of this chapter, the
    48  sentence shall reflect a class C felony;
    49    20. For offenses committed under section 120.30 of this  chapter,  the
    50  sentence shall reflect a class D felony;
    51    21.  For  offenses committed under section 120.45 of this chapter, the
    52  sentence shall reflect a class A misdemeanor;
    53    22. For offenses committed under section 120.50 of this  chapter,  the
    54  sentence shall reflect a class E felony;
    55    23.  For  offenses committed under section 120.55 of this chapter, the
    56  sentence shall reflect a class D felony;

        A. 6809--A                          3

     1    24. For offenses committed under section 120.60 of this  chapter,  the
     2  sentence shall reflect a class C felony;
     3    25.  For  offenses committed under section 120.70 of this chapter, the
     4  sentence shall reflect a class D felony;
     5    26. For offenses committed under section 121.11 of this  chapter,  the
     6  sentence shall reflect a class E felony;
     7    27.  For  offenses committed under section 121.12 of this chapter, the
     8  sentence shall reflect a class C felony;
     9    28. For offenses committed under section 121.13 of this  chapter,  the
    10  sentence shall reflect a class B felony;
    11    29.  For  offenses committed under section 125.10 of this chapter, the
    12  sentence shall reflect a class D felony;
    13    29-a. For offenses committed under section 125.11 of this chapter, the
    14  sentence shall reflect a class B felony;
    15    30. For offenses committed under section 125.15 of this  chapter,  the
    16  sentence shall reflect a class B felony;
    17    31.  For  offenses committed under section 125.20 of this chapter, the
    18  sentence shall reflect a class A felony;
    19    32. For offenses committed under section 125.21 of this  chapter,  the
    20  sentence shall reflect a class B felony;
    21    33.  For  offenses committed under section 125.22 of this chapter, the
    22  sentence shall reflect a class A-II felony;
    23    34. For offenses committed under section 125.26 of this  chapter,  the
    24  sentence shall reflect a class A-II felony;
    25    35.  For  offenses committed under section 125.27 of this chapter, the
    26  sentence shall reflect a class A-II felony;
    27    36. For offenses committed under section 130.20 of this  chapter,  the
    28  sentence shall reflect a class E felony;
    29    37.  For  offenses committed under section 130.25 of this chapter, the
    30  sentence shall reflect a class D felony;
    31    38. For offenses committed under section 130.30 of this  chapter,  the
    32  sentence shall reflect a class C felony;
    33    39.  For  offenses committed under section 130.35 of this chapter, the
    34  sentence shall reflect a class A felony;
    35    40. For offenses committed under section 130.40 of this  chapter,  the
    36  sentence shall reflect a class D felony;
    37    41.  For  offenses committed under section 130.45 of this chapter, the
    38  sentence shall reflect a class C felony;
    39    42. For offenses committed under section 130.50 of this  chapter,  the
    40  sentence shall reflect a class A felony;
    41    43.  For  offenses committed under section 130.52 of this chapter, the
    42  sentence shall reflect a class E felony;
    43    44. For offenses committed under section 130.53 of this  chapter,  the
    44  sentence shall reflect a class D felony;
    45    45.  For  offenses committed under section 130.55 of this chapter, the
    46  sentence shall reflect a class A misdemeanor;
    47    46. For offenses committed under section 130.60 of this  chapter,  the
    48  sentence shall reflect a class E felony;
    49    47.  For  offenses committed under section 130.65 of this chapter, the
    50  sentence shall reflect a class C felony;
    51    48. For offenses committed under section 130.65-a of this chapter, the
    52  sentence shall reflect a class D felony;
    53    49. For offenses committed under section 130.66 of this  chapter,  the
    54  sentence shall reflect a class C felony;
    55    50. For offenses committed under under section 130.67 of this chapter,
    56  the sentence shall reflect a class B felony;

        A. 6809--A                          4

     1    51. For offenses committed under under section 130.70 of this chapter,
     2  the sentence shall reflect a class A felony;
     3    52. For offenses committed under under section 130.75 of this chapter,
     4  the sentence shall reflect a class A felony;
     5    53. For offenses committed under under section 130.80 of this chapter,
     6  the sentence shall reflect a class D felony;
     7    54. For offenses committed under under section 130.90 of this chapter,
     8  the sentence shall reflect a class C felony;
     9    55. For offenses committed under under section 135.05 of this chapter,
    10  the sentence shall reflect a class E felony;
    11    56.  For  offenses committed under section 135.10 of this chapter, the
    12  sentence shall reflect a class D felony;
    13    57. For offenses committed under section 135.20 of this  chapter,  the
    14  sentence shall reflect a class A felony;
    15    58.  For  offenses committed under section 135.45 of this chapter, the
    16  sentence shall reflect a class E felony;
    17    59. For offenses committed under section 135.50 of this  chapter,  the
    18  sentence shall reflect a class D felony;
    19    60.  For  offenses committed under section 140.05 of this chapter, the
    20  sentence shall reflect a class B misdemeanor;
    21    61. For offenses committed under section 140.10 of this  chapter,  the
    22  sentence shall reflect a class A misdemeanor;
    23    62.  For offenses committed under subdivision one of section 140.15 of
    24  this chapter, the sentence shall reflect a class E felony;
    25    63. For offenses committed under section 140.17 of this  chapter,  the
    26  sentence shall reflect a class C felony;
    27    64.  For  offenses committed under section 140.20 of this chapter, the
    28  sentence shall reflect a class C felony;
    29    65. For offenses committed under section 140.25 of this  chapter,  the
    30  sentence shall reflect a class B felony;
    31    66.  For  offenses committed under section 140.30 of this chapter, the
    32  sentence shall reflect a class A felony;
    33    67. For offenses committed under section 140.35 of this  chapter,  the
    34  sentence shall reflect a class E felony;
    35    68.  For  offenses committed under section 140.40 of this chapter, the
    36  sentence shall reflect a class A misdemeanor;
    37    69. For offenses committed under section 145.05 of this  chapter,  the
    38  sentence shall reflect a class D felony;
    39    70.  For  offenses committed under section 145.10 of this chapter, the
    40  sentence shall reflect a class C felony;
    41    71. For offenses committed under section 145.12 of this  chapter,  the
    42  sentence shall reflect a class A felony;
    43    72.  For  offenses committed under section 145.14 of this chapter, the
    44  sentence shall reflect a class A misdemeanor;
    45    73. For offenses committed under section 145.15 of this  chapter,  the
    46  sentence shall reflect a class E felony;
    47    74.  For  offenses committed under section 145.20 of this chapter, the
    48  sentence shall reflect a class D felony;
    49    75. For offenses committed under section 145.30 of this  chapter,  the
    50  sentence shall reflect a class B misdemeanor;
    51    76.  For  offenses committed under section 145.60 of this chapter, the
    52  sentence shall reflect a class E felony;
    53    77. For offenses committed under section 145.70 of this  chapter,  the
    54  sentence shall reflect a class E felony;
    55    78.  For  offenses committed under section 150.01 of this chapter, the
    56  sentence shall reflect a class E felony;

        A. 6809--A                          5

     1    79. For offenses committed under section 150.05 of this  chapter,  the
     2  sentence shall reflect a class D felony;
     3    80.  For  offenses committed under section 150.10 of this chapter, the
     4  sentence shall reflect a class B felony;
     5    81. For offenses committed under section 150.15 of this  chapter,  the
     6  sentence shall reflect a class A felony;
     7    82.  For  offenses committed under section 150.20 of this chapter, the
     8  sentence shall reflect a class A-II felony;
     9    83. For offenses committed under section 160.05 of this  chapter,  the
    10  sentence shall reflect a class C felony;
    11    84.  For  offenses committed under section 160.10 of this chapter, the
    12  sentence shall reflect a class B felony;
    13    85. For offenses committed under section 160.15 of this  chapter,  the
    14  sentence shall reflect a class A felony;
    15    86.  For  offenses committed under section 490.10 of this chapter, the
    16  sentence shall reflect a class C felony;
    17    87. For offenses committed under section 490.15 of this  chapter,  the
    18  sentence shall reflect a class B felony;
    19    88.  For  offenses committed under section 490.20 of this chapter, the
    20  sentence shall reflect a class C felony;
    21    89. For offenses committed under section 490.30 of this  chapter,  the
    22  sentence shall reflect a class B felony;
    23    90.  For  offenses committed under section 490.35 of this chapter, the
    24  sentence shall reflect a class A-II felony;
    25    91. For offenses committed under section 490.37 of this  chapter,  the
    26  sentence shall reflect a class B felony;
    27    92.  For  offenses committed under section 490.40 of this chapter, the
    28  sentence shall reflect a class A-II felony;
    29    93. For offenses committed under section 490.45 of this  chapter,  the
    30  sentence shall reflect a class A-II felony; and
    31    94.  For  offenses committed under section 490.50 of this chapter, the
    32  sentence shall reflect a class A-I felony.
    33    § 4. Subdivision 3 of section 140.17 of the penal  law,  as  added  by
    34  chapter  341  of the laws of 1969, is amended and a new subdivision 4 is
    35  added to read as follows:
    36    3. Knows that another participant in the crime  possesses  a  firearm,
    37  rifle  or shotgun under circumstances described in subdivision two[.] of
    38  this section; or
    39    4. Was previously convicted of any provision of this article  and  was
    40  served  with  notice  that  his  or her privileges to utilize buildings,
    41  facilities or transportation services owned, leased or operated  by  the
    42  metropolitan transportation authority were suspended or revoked.
    43    §  5.  The  criminal  procedure law is amended by adding a new section
    44  380.67 to read as follows:
    45  § 380.67 Offense which is committed in or  upon  a  building,  facility,
    46             property,  vehicle  or train owned, leased or operated by the
    47             metropolitan transportation authority; suspension or  revoca-
    48             tion.
    49    1.  Upon  conviction  of any provisions specified in article 120, 121,
    50  125, 130, 135, 140, 145, 150, 160, or 490 of the  penal  law  and  where
    51  matter occurred while in or upon a building, facility, property, vehicle
    52  or  train  owned,  leased or operated by the metropolitan transportation
    53  authority and such  conviction  resulted  in  the  enhancement  of  such
    54  sentence  pursuant  to  section 70.11 of the penal law, the metropolitan
    55  transportation authority may prevent entry and usage of its services  by
    56  serving  notice  upon the convicted person that his or her privileges to

        A. 6809--A                          6

     1  utilize the authority's buildings, facilities or transportation services
     2  are suspended or revoked.
     3    2.  The  metropolitan  transportation authority shall promulgate rules
     4  and regulations for the notice required pursuant to subdivision  one  of
     5  this  section  and shall provide for an administrative appeal process to
     6  review its actions upon request from the person denied access.
     7    § 6. This act shall take effect on the sixtieth  day  after  it  shall
     8  have become a law.
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