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A00794 Summary:

BILL NOA00794C
 
SAME ASSAME AS S02938-B
 
SPONSORSimotas (MS)
 
COSPNSRColton, Aubry, Englebright, Braunstein, DenDekker, Jaffee, Perry, Cook, Weprin, Santabarbara, Rozic, Hevesi, Quart, Lifton, Otis, Mosley, Fahy, Seawright, Taylor, Zebrowski
 
MLTSPNSRArroyo, Buchwald, Finch, Fitzpatrick, Galef, Glick, Lupardo, Malliotakis, McDonough, Montesano, Peoples-Stokes, Ra
 
Rpld 130.40, 130.45, 130.50, amd Pen L, generally; amd CP L, generally; amd 168-a, Cor L; amd 384-b, Soc Serv L; amd 509-cc, V & T L; amd 117, 301.2, 308.1, 347.1, 344.4 & 1052, Fam Ct Act; amd 61, 62 & 64, Civ Rts L; amd 213-c & 215, CPLR; amd 123, Ag & Mkts L; amd 4, Judy L; amd 170 & 200, Dom Rel L
 
Relates to the offenses of rape in the first, second and third degrees.
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A00794 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A794C
 
SPONSOR: Simotas (MS)
  TITLE OF BILL: An act to amend the penal law, the criminal procedure law, the correction law, the social services law, the vehicle and traf- fic law, the family court act, the civil rights law, the civil practice law and rules, the agriculture and markets law, the judiciary law and the domestic relations law, in relation to sex offenses; and to repeal certain provisions of the penal law relating thereto   PURPOSE OR GENERAL IDEA OF BILL:: To amend the penal law to remove the penetration requirement from the rape statutes as well as to define rape as sexual intercourse, oral sexual conduct, or anal sexual conduct.   SUMMARY OF PROVISIONS:: This bill removes the penetration requirement from the rape statutes, redefines rape to include oral and anal sexual conduct within the defi- nition of rape and makes conforming changes throughout various areas of law.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The amended version makes technical amendments to the bill.   JUSTIFICATION:: On March 28, 2012, a Justice of the New York State Supreme Court declared a mistrial on the rape charge against former New York City Police Officer Michael Pena. Pena was convicted of several other charges for holding the schoolteacher at gunpoint, threatening her life and forcibly sodomizing her. Pena was not convicted of rape despite over- whelming evidence of forcible, nonconsensual sexual conduct with a Bronx school teacher, It is galling that in the face of evidence of the defendant's semen in the victim's underwear, redness to her genitals, eyewitness testimony and the victim's own account of the pain of the attack, Pena was not convicted of the top count of rape. Common sense dictates that what happened to the victim in this case is rape. This bill will redefine rape to include oral and anal sexual conduct, which are now referred to as "criminal sexual act," so that these other forms of sexual assault are recognized by the law as rape.   PRIOR LEGISLATIVE HISTORY:: 2015-16: A4959B 2017-2018: A4249A   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:: None.   EFFECTIVE DATE:: This act will take effect on January 1, 2021.
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