STATE OF NEW YORK
        ________________________________________________________________________

                                         3229--A
            Cal. No. 583

                               2019-2020 Regular Sessions

                    IN SENATE

                                    February 4, 2019
                                       ___________

        Introduced  by Sens. SAVINO, CARLUCCI -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes -- reported
          favorably from said committee, ordered to  first  and  second  report,
          ordered  to  a third reading, amended and ordered reprinted, retaining
          its place in the order of third reading

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05894-04-9

        S. 3229--A                          2

     1    3.  he  or  she  commits  the  crime of public lewdness, as defined in
     2  section 245.00 of this article, while a passenger on public  transporta-
     3  tion.
     4    § 3. The penal law is amended by adding a new section 70.11 to read as
     5  follows:
     6  §  70.11  Sentences  of  imprisonment for offenses committed while in or
     7            upon a building, facility, property, vehicle or  train  owned,
     8            leased or operated by the metropolitan transportation authori-
     9            ty; aggravating factors.
    10    Matters  occurring  while  in  or upon a building, facility, property,
    11  vehicle or train owned, leased or operated by the metropolitan transpor-
    12  tation authority, shall result in  the  following  enhancement  of  such
    13  sentence:
    14    1.  For  offenses  committed under section 120.00 of this chapter, the
    15  sentence shall reflect a class E felony;
    16    2. For offenses committed under section 120.01 of  this  chapter,  the
    17  sentence shall reflect a class D felony;
    18    3.  For  offenses  committed under section 120.02 of this chapter, the
    19  sentence shall reflect a class C felony;
    20    4. For offenses committed under section 120.05 of  this  chapter,  the
    21  sentence shall reflect a class C felony;
    22    5.  For  offenses  committed under section 120.06 of this chapter, the
    23  sentence shall reflect a class B felony;
    24    6. For offenses committed under section 120.07 of  this  chapter,  the
    25  sentence shall reflect a class A felony;
    26    7.  For  offenses  committed under section 120.08 of this chapter, the
    27  sentence shall reflect a class B felony;
    28    8. For offenses committed under section 120.09 of  this  chapter,  the
    29  sentence shall reflect a class B felony;
    30    9.  For  offenses  committed under section 120.10 of this chapter, the
    31  sentence shall reflect a class A felony;
    32    10. For offenses committed under section 120.11 of this  chapter,  the
    33  sentence shall reflect a class A felony;
    34    11.  For  offenses committed under section 120.12 of this chapter, the
    35  sentence shall reflect a class D felony;
    36    12. For offenses committed under section 120.13 of this  chapter,  the
    37  sentence shall reflect a class D felony;
    38    13.  For  offenses committed under section 120.14 of this chapter, the
    39  sentence shall reflect a class E felony;
    40    14. For offenses committed under section 120.15 of this  chapter,  the
    41  sentence shall reflect a class A misdemeanor;
    42    15.  For  offenses committed under section 120.16 of this chapter, the
    43  sentence shall reflect a class E felony;
    44    16. For offenses committed under section 120.17 of this  chapter,  the
    45  sentence shall reflect a class B misdemeanor;
    46    17.  For  offenses committed under section 120.18 of this chapter, the
    47  sentence shall reflect a class C felony;
    48    18. For offenses committed under section 120.20 of this  chapter,  the
    49  sentence shall reflect a class E felony;
    50    19.  For  offenses committed under section 120.25 of this chapter, the
    51  sentence shall reflect a class C felony;
    52    20. For offenses committed under section 120.30 of this  chapter,  the
    53  sentence shall reflect a class D felony;
    54    21.  For  offenses committed under section 120.45 of this chapter, the
    55  sentence shall reflect a class A misdemeanor;

        S. 3229--A                          3

     1    22. For offenses committed under section 120.50 of this  chapter,  the
     2  sentence shall reflect a class E felony;
     3    23.  For  offenses committed under section 120.55 of this chapter, the
     4  sentence shall reflect a class D felony;
     5    24. For offenses committed under section 120.60 of this  chapter,  the
     6  sentence shall reflect a class C felony;
     7    25.  For  offenses committed under section 120.70 of this chapter, the
     8  sentence shall reflect a class D felony;
     9    26. For offenses committed under section 121.11 of this  chapter,  the
    10  sentence shall reflect a class E felony;
    11    27.  For  offenses committed under section 121.12 of this chapter, the
    12  sentence shall reflect a class C felony;
    13    28. For offenses committed under section 121.13 of this  chapter,  the
    14  sentence shall reflect a class B felony;
    15    29.  For  offenses committed under section 125.10 of this chapter, the
    16  sentence shall reflect a class D felony;
    17    29-a. For offenses committed under section 125.11 of this chapter, the
    18  sentence shall reflect a class B felony;
    19    30. For offenses committed under section 125.15 of this  chapter,  the
    20  sentence shall reflect a class B felony;
    21    31.  For  offenses committed under section 125.20 of this chapter, the
    22  sentence shall reflect a class A felony;
    23    32. For offenses committed under section 125.21 of this  chapter,  the
    24  sentence shall reflect a class B felony;
    25    33.  For  offenses committed under section 125.22 of this chapter, the
    26  sentence shall reflect a class A-II felony;
    27    34. For offenses committed under section 125.26 of this  chapter,  the
    28  sentence shall reflect a class A-II felony;
    29    35.  For  offenses committed under section 125.27 of this chapter, the
    30  sentence shall reflect a class A-II felony;
    31    36. For offenses committed under section 130.20 of this  chapter,  the
    32  sentence shall reflect a class E felony;
    33    37.  For  offenses committed under section 130.25 of this chapter, the
    34  sentence shall reflect a class D felony;
    35    38. For offenses committed under section 130.30 of this  chapter,  the
    36  sentence shall reflect a class C felony;
    37    39.  For  offenses committed under section 130.35 of this chapter, the
    38  sentence shall reflect a class A felony;
    39    40. For offenses committed under section 130.40 of this  chapter,  the
    40  sentence shall reflect a class D felony;
    41    41.  For  offenses committed under section 130.45 of this chapter, the
    42  sentence shall reflect a class C felony;
    43    42. For offenses committed under section 130.50 of this  chapter,  the
    44  sentence shall reflect a class A felony;
    45    43.  For  offenses committed under section 130.52 of this chapter, the
    46  sentence shall reflect a class E felony;
    47    44. For offenses committed under section 130.53 of this  chapter,  the
    48  sentence shall reflect a class D felony;
    49    45.  For  offenses committed under section 130.55 of this chapter, the
    50  sentence shall reflect a class A misdemeanor;
    51    46. For offenses committed under section 130.60 of this  chapter,  the
    52  sentence shall reflect a class E felony;
    53    47.  For  offenses committed under section 130.65 of this chapter, the
    54  sentence shall reflect a class C felony;
    55    48. For offenses committed under section 130.65-a of this chapter, the
    56  sentence shall reflect a class D felony;

        S. 3229--A                          4

     1    49. For offenses committed under section 130.66 of this  chapter,  the
     2  sentence shall reflect a class C felony;
     3    50. For offenses committed under under section 130.67 of this chapter,
     4  the sentence shall reflect a class B felony;
     5    51. For offenses committed under under section 130.70 of this chapter,
     6  the sentence shall reflect a class A felony;
     7    52. For offenses committed under under section 130.75 of this chapter,
     8  the sentence shall reflect a class A felony;
     9    53. For offenses committed under under section 130.80 of this chapter,
    10  the sentence shall reflect a class D felony;
    11    54. For offenses committed under under section 130.90 of this chapter,
    12  the sentence shall reflect a class C felony;
    13    55. For offenses committed under under section 135.05 of this chapter,
    14  the sentence shall reflect a class E felony;
    15    56.  For  offenses committed under section 135.10 of this chapter, the
    16  sentence shall reflect a class D felony;
    17    57. For offenses committed under section 135.20 of this  chapter,  the
    18  sentence shall reflect a class A felony;
    19    58.  For  offenses committed under section 135.45 of this chapter, the
    20  sentence shall reflect a class E felony;
    21    59. For offenses committed under section 135.50 of this  chapter,  the
    22  sentence shall reflect a class D felony;
    23    60.  For  offenses committed under section 140.05 of this chapter, the
    24  sentence shall reflect a class B misdemeanor;
    25    61. For offenses committed under section 140.10 of this  chapter,  the
    26  sentence shall reflect a class A misdemeanor;
    27    62.  For offenses committed under subdivision one of section 140.15 of
    28  this chapter, the sentence shall reflect a class E felony;
    29    63. For offenses committed under section 140.17 of this  chapter,  the
    30  sentence shall reflect a class C felony;
    31    64.  For  offenses committed under section 140.20 of this chapter, the
    32  sentence shall reflect a class C felony;
    33    65. For offenses committed under section 140.25 of this  chapter,  the
    34  sentence shall reflect a class B felony;
    35    66.  For  offenses committed under section 140.30 of this chapter, the
    36  sentence shall reflect a class A felony;
    37    67. For offenses committed under section 140.35 of this  chapter,  the
    38  sentence shall reflect a class E felony;
    39    68.  For  offenses committed under section 140.40 of this chapter, the
    40  sentence shall reflect a class A misdemeanor;
    41    69. For offenses committed under section 145.05 of this  chapter,  the
    42  sentence shall reflect a class D felony;
    43    70.  For  offenses committed under section 145.10 of this chapter, the
    44  sentence shall reflect a class C felony;
    45    71. For offenses committed under section 145.12 of this  chapter,  the
    46  sentence shall reflect a class A felony;
    47    72.  For  offenses committed under section 145.14 of this chapter, the
    48  sentence shall reflect a class A misdemeanor;
    49    73. For offenses committed under section 145.15 of this  chapter,  the
    50  sentence shall reflect a class E felony;
    51    74.  For  offenses committed under section 145.20 of this chapter, the
    52  sentence shall reflect a class D felony;
    53    75. For offenses committed under section 145.30 of this  chapter,  the
    54  sentence shall reflect a class B misdemeanor;
    55    76.  For  offenses committed under section 145.60 of this chapter, the
    56  sentence shall reflect a class E felony;

        S. 3229--A                          5

     1    77. For offenses committed under section 145.70 of this  chapter,  the
     2  sentence shall reflect a class E felony;
     3    78.  For  offenses committed under section 150.01 of this chapter, the
     4  sentence shall reflect a class E felony;
     5    79. For offenses committed under section 150.05 of this  chapter,  the
     6  sentence shall reflect a class D felony;
     7    80.  For  offenses committed under section 150.10 of this chapter, the
     8  sentence shall reflect a class B felony;
     9    81. For offenses committed under section 150.15 of this  chapter,  the
    10  sentence shall reflect a class A felony;
    11    82.  For  offenses committed under section 150.20 of this chapter, the
    12  sentence shall reflect a class A-II felony;
    13    83. For offenses committed under section 160.05 of this  chapter,  the
    14  sentence shall reflect a class C felony;
    15    84.  For  offenses committed under section 160.10 of this chapter, the
    16  sentence shall reflect a class B felony;
    17    85. For offenses committed under section 160.15 of this  chapter,  the
    18  sentence shall reflect a class A felony;
    19    86.  For  offenses committed under section 490.10 of this chapter, the
    20  sentence shall reflect a class C felony;
    21    87. For offenses committed under section 490.15 of this  chapter,  the
    22  sentence shall reflect a class B felony;
    23    88.  For  offenses committed under section 490.20 of this chapter, the
    24  sentence shall reflect a class C felony;
    25    89. For offenses committed under section 490.30 of this  chapter,  the
    26  sentence shall reflect a class B felony;
    27    90.  For  offenses committed under section 490.35 of this chapter, the
    28  sentence shall reflect a class A-II felony;
    29    91. For offenses committed under section 490.37 of this  chapter,  the
    30  sentence shall reflect a class B felony;
    31    92.  For  offenses committed under section 490.40 of this chapter, the
    32  sentence shall reflect a class A-II felony;
    33    93. For offenses committed under section 490.45 of this  chapter,  the
    34  sentence shall reflect a class A-II felony; and
    35    94.  For  offenses committed under section 490.50 of this chapter, the
    36  sentence shall reflect a class A-I felony.
    37    § 4. Subdivision 3 of section 140.17 of the penal  law,  as  added  by
    38  chapter  341  of the laws of 1969, is amended and a new subdivision 4 is
    39  added to read as follows:
    40    3. Knows that another participant in the crime  possesses  a  firearm,
    41  rifle  or shotgun under circumstances described in subdivision two[.] of
    42  this section; or
    43    4. Was previously convicted of any provision of this article  and  was
    44  served  with  notice  that  his  or her privileges to utilize buildings,
    45  facilities or transportation services owned, leased or operated  by  the
    46  metropolitan transportation authority were suspended or revoked.
    47    §  5.  The  criminal  procedure law is amended by adding a new section
    48  380.67 to read as follows:
    49  § 380.67 Offense which is committed in or  upon  a  building,  facility,
    50             property,  vehicle  or train owned, leased or operated by the
    51             metropolitan transportation authority; suspension or  revoca-
    52             tion.
    53    1.  Upon  conviction  of any provisions specified in article 120, 121,
    54  125, 130, 135, 140, 145, 150, 160, or 490 of the  penal  law  and  where
    55  matter occurred while in or upon a building, facility, property, vehicle
    56  or  train  owned,  leased or operated by the metropolitan transportation

        S. 3229--A                          6

     1  authority and such  conviction  resulted  in  the  enhancement  of  such
     2  sentence  pursuant  to  section 70.11 of the penal law, the metropolitan
     3  transportation authority may prevent entry and usage of its services  by
     4  serving  notice  upon the convicted person that his or her privileges to
     5  utilize the authority's buildings, facilities or transportation services
     6  are suspended or revoked.
     7    2. The metropolitan transportation authority  shall  promulgate  rules
     8  and  regulations  for the notice required pursuant to subdivision one of
     9  this section and shall provide for an administrative appeal  process  to
    10  review its actions upon request from the person denied access.
    11    §  6.  This  act  shall take effect on the sixtieth day after it shall
    12  have become a law.