Bill Text: NY S07708 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to establishing incapacity to consent when a person is under arrest, detention or otherwise in actual custody.

Spectrum: Slight Partisan Bill (Republican 10-6)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S07708 Detail]

Download: New_York-2017-S07708-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7708
                    IN SENATE
                                    February 9, 2018
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the penal law, in relation to establishing incapacity to
          consent when a person is under arrest, in detention  or  otherwise  in
          actual custody
          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 130.05 of the penal law is amended
     2  by adding a new paragraph (j) to read as follows:
     3    (j) under arrest, in detention or otherwise in the actual custody of a
     4  police officer, peace officer or other law enforcement official and  the
     5  actor  is a police officer, peace officer or other law enforcement offi-
     6  cial who either: (i) is responsible for effecting  the  arrest  of  such
     7  person  or  maintaining  such  person in detention or actual custody; or
     8  (ii) knows, or reasonably should know, that such person  is  under  such
     9  arrest, detention or actual custody.
    10    §  2.  Subdivision 4 of section 130.10 of the penal law, as amended by
    11  chapter 205 of the laws of 2011, is amended to read as follows:
    12    4. In any prosecution under this article in which the victim's lack of
    13  consent is based solely on his or her incapacity to consent  because  he
    14  or she was less than seventeen years old, mentally disabled, a client or
    15  patient  and  the  actor  is  a  health  care provider, under arrest, in
    16  detention or otherwise in actual custody of law  enforcement  under  the
    17  circumstances described in paragraph (j) of subdivision three of section
    18  130.05  of  this article, or committed to the care and custody or super-
    19  vision of the state department of corrections and community  supervision
    20  or  a  hospital and the actor is an employee, it shall be a defense that
    21  the defendant was married to the victim as defined in  subdivision  four
    22  of section 130.00 of this article.
    23    §  3.  This  act shall take effect on the thirtieth day after it shall
    24  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13726-04-8