Bill Text: NY S04166 | 2015-2016 | General Assembly | Amended

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Bill Title: Expands the class B misdemeanor of public lewdness to include the commission of a lewd act while trespassing in a dwelling and being observed by a lawful occupant.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2015-06-24 - SUBSTITUTED BY A2761B [S04166 Detail]

Download: New_York-2015-S04166-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4166--C
           Cal. No. 1001
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     March 4, 2015
                                      ___________
       Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  --  committee  discharged,  bill amended, ordered
         reprinted as amended and recommitted to  said  committee  --  reported
         favorably  from said committee and committed to the Committee on Rules
         -- reported favorably from said committee, ordered to a third reading,
         passed by Senate and delivered to the Assembly, recalled, vote  recon-
         sidered,  restored  to  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 public lewdness
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The opening paragraph of section 245.00 of the penal law,
    2  as amended by chapter 748 of the laws of 1968, is  amended  to  read  as
    3  follows:
    4    A  person  is  guilty  of public lewdness when he OR SHE intentionally
    5  exposes the private or intimate parts of his  OR  HER  body  in  a  lewd
    6  manner  or commits any other lewd act: (a) in a public place, or (b) (I)
    7  in private premises under circumstances in which he OR SHE  may  readily
    8  be  observed  from either a public place or from other private premises,
    9  and with intent that he OR SHE be so observed, OR (II)  WHILE  TRESPASS-
   10  ING, AS DEFINED IN SECTION 140.05 OF THIS PART, IN A DWELLING AS DEFINED
   11  IN SUBDIVISION THREE OF SECTION 140.00 OF THIS PART, UNDER CIRCUMSTANCES
   12  IN WHICH HE OR SHE IS OBSERVED BY A LAWFUL OCCUPANT.
   13    S 2. This act shall take effect on the first of November next succeed-
   14  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00302-09-5