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A03107 Summary:

COSPNSRGottfried, Stringer, Sanders
MLTSPNSRCohen 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.
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A03107 Text:

                STATE OF NEW YORK
                               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

          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 Section 130.38 of the penal law is REPEALED.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          REPEAL  NOTE.--Section 130.38 of the penal law proposed to be repealed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.
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