Cohen A, Diaz, Dinowitz, Grannis, John, Mayersohn, Weinstein
Rpld S130.38, amd S130.05, Pen L
Repeals provision of the penal law which establishes consensual sodomy as a crime to conform law with judicial declaration that such law is unconstitutional.
STATE OF NEW YORK
________________________________________________________________________
3107
1999-2000 Regular Sessions
IN ASSEMBLY
January 28, 1999
___________
Introduced by M. of A. GLICK, GOTTFRIED, STRINGER, SANDERS -- Multi-
Sponsored by -- M. of A. DIAZ, DINOWITZ, GRANNIS, JOHN, MAYERSOHN,
WEINSTEIN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to removing the crime of
consensual sodomy and repealing section 130.38 of such law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 130.38 of the penal law is REPEALED.
2 § 2. Subdivision 1 of section 130.05 of the penal law, as amended by
3 chapter 1038 of the laws of 1965, is amended to read as follows:
4 1. Whether or not specifically stated, it is an element of every
5 offense defined in this article[, except the offense of consensual sodo-
6 my,] that the sexual act was committed without consent of the victim.
7 § 3. This act shall take effect on the thirtieth day after it shall
8 have become a law.
REPEAL NOTE.--Section 130.38 of the penal law proposed to be repealed
by this act establishes the crime of consensual sodomy.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06991-01-9
