Bill Text: NY S06679 | 2019-2020 | General Assembly | Amended

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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 7-0)

Status: (Engrossed - Dead) 2020-07-21 - referred to codes [S06679 Detail]

Download: New_York-2019-S06679-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6679--C
            Cal. No. 372

                               2019-2020 Regular Sessions

                    IN SENATE

                                     August 30, 2019
                                       ___________

        Introduced  by Sens. BIAGGI, GOUNARDES, JACKSON, SEPULVEDA -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Rules -- 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  -- recommitted to the Committee on Codes in accordance with
          Senate Rule 6, sec. 8  --  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 prohibiting the use of the
          intoxication  of  a  victim  as a defense to a 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.  Paragraph  (d)  of subdivision 2 of section 130.05 of the
     2  penal law, as amended by chapter 40 of the laws of 2004, is amended  and
     3  a new paragraph (e) is added to read as follows:
     4    (d)  Where  the  offense  charged  is  sexual misconduct as defined in
     5  subdivisions one and two of section 130.20, rape in the third degree  as
     6  defined  in  subdivision three of section 130.25, or criminal sexual act
     7  in the third degree as defined in subdivision three of  section  130.40,
     8  in  addition  to  forcible compulsion, circumstances under which, at the
     9  time of the act of intercourse,  oral  sexual  conduct  or  anal  sexual
    10  conduct,  the victim clearly expressed that he or she did not consent to
    11  engage in such act, and a reasonable person  in  the  actor's  situation
    12  would  have  understood such person's words and acts as an expression of
    13  lack of consent to such act under all the circumstances[.]; or
    14    (e) Where the offense charged  is  sexual  misconduct  as  defined  in
    15  subdivisions  one and two of section 130.20, rape in the third degree as
    16  defined in subdivision three of section 130.25, or criminal  sexual  act

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13702-09-0
        S. 6679--C                          2

     1  in  the  third degree as defined in subdivision three of section 130.40,
     2  in addition to forcible compulsion, circumstances under  which,  at  the
     3  time  of  the  act  of  intercourse,  oral sexual conduct or anal sexual
     4  conduct,  the  victim is under the influence of any drug, intoxicant, or
     5  other substance to a degree which renders such person temporarily  inca-
     6  pable  of   appraising or controlling his or her conduct and such condi-
     7  tion is known or reasonably should be known to a person in  the  actor's
     8  situation.
     9    § 2. This act shall take effect immediately.