Bill Text: NY S06679 | 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 7-0)

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

Download: New_York-2019-S06679-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6679

                               2019-2020 Regular Sessions

                    IN SENATE

                                     August 30, 2019
                                       ___________

        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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
        S. 6679                             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.