Bill Text: NY A08634 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the use of intoxication of the victim as a defense in sex crimes; amends the definition of "mentally incapacitated" to include persons who are voluntarily intoxicated.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-04-22 - print number 8634c [A08634 Detail]

Download: New_York-2019-A08634-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8634

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     October 2, 2019
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Codes

        AN  ACT  to  amend  the penal law, in relation to prohibiting the use of
          evidence of a voluntarily intoxicated victim in  any  criminal  charge
          for sex crimes

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

     1    Section 1. Subdivision 3 of section 15.05 of the penal law is  amended
     2  to read as follows:
     3    3.  "Recklessly." A person acts recklessly with respect to a result or
     4  to a circumstance described by a statute defining an offense  when  [he]
     5  such  person  is  aware  of and consciously disregards a substantial and
     6  unjustifiable risk that such result will occur or that such circumstance
     7  exists. The risk must be of such nature and degree that disregard there-
     8  of constitutes a gross deviation from the standard  of  conduct  that  a
     9  reasonable  person would observe in the situation.  A person who creates
    10  such a risk but is unaware thereof solely by reason of voluntary intoxi-
    11  cation also acts recklessly with  respect  thereto;  provided,  however,
    12  that intoxication of a victim is not a defense to any criminal charge of
    13  article  one hundred thirty of this chapter. Voluntary intoxication of a
    14  victim may not be offered as evidence for  a  defense  to  any  criminal
    15  charge of article one hundred thirty of this chapter.
    16    § 2. Section 15.25 of the penal law is amended to read as follows:
    17  § 15.25 Effect of intoxication upon liability.
    18    Intoxication  is  not, as such, a defense to a criminal charge; but in
    19  any prosecution for an offense, evidence of intoxication of the  defend-
    20  ant  may be offered by the defendant whenever it is relevant to negative
    21  an element of the crime charged; provided, however, that intoxication of
    22  a victim is not a defense to any criminal charge of article one  hundred
    23  thirty  of  this  chapter.  Voluntary intoxication may not be offered as

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13702-04-9
        A. 8634                             2

     1  evidence for a defense to any criminal charge  of  article  one  hundred
     2  thirty of this chapter.
     3    §  3.  Subdivision  6 of section 130.00 of the penal law is amended to
     4  read as follows:
     5    6. "Mentally incapacitated" means that a person is rendered  temporar-
     6  ily  incapable  of appraising or controlling his or her conduct owing to
     7  the influence of a narcotic or intoxicating  substance  administered  to
     8  him  or  her  with  or  without  his or her consent, or to any other act
     9  committed upon him or her with or without his or her consent. Such  term
    10  shall include when a person is voluntarily intoxicated.
    11    § 4. This act shall take effect immediately.