NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8558
SPONSOR: Cruz TITLE OF BILL:
An act to amend the penal law, the criminal procedure law, the
correction law, the social services law, the vehicle and traffic law,
the family court act, the civil rights law, the civil practice law and
rules, the agriculture and markets law and the judiciary law, in
relation to certain sex offenses; and to amend a chapter of the laws of
2023, amending the penal law, the criminal procedure law, the correction
law, the social services law, the vehicle and traffic 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 relating to sex offenses, as proposed in legislative bills
numbers S. 3161 and A. 3340, in relation to the effectiveness thereof
PURPOSE:
The purpose of this bill is to make amendments to a chapter of the laws
of 2023, related to sex offenses.
SUMMARY:
Section one of this bill would amend the penal law to make conforming
changes to the definition of sexual conduct.
Section two through forty-four would amend various sections of law to
make clarifying references to the repealed sections of law, 130.40,
130.45, and 130.50 of the penal law, to ensure continued ability to
prosecute and no interruption in procedural processes associated with
those crimes. Additionally, to make reference to the former provisions
of 130.25, 130.30, and 130.35 of the penal law as amended by a chapter
of the laws of 2023.
Section 45 of this bill would clarify section 65 and 66 clarifying that
the repealed sections of law shall not be applied retroactively, and
offenses committed prior to the effective date shall be construed and
punished according to the law at the time of the commission of the
offense. Additionally, the effective date would be moved from January 1,
2024 to September 1, 2024.
Section 46 would set forth the effective date.
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 make amendments to a chapter of the laws of 2023 that
redefined rape to include oral and anal sexual conduct, which are now
referred to as "criminal sexual act," so that these other forms of sexu-
al assault are recognized by the law as rape. It is well settled law
that repealed crimes may be prosecuted for action that took place prior
to the repeal. However, this bill seeks to make references to the former
criminal sexual act penal statutes throughout the law to ensure there is
clarity in procedural processes and in prosecution of those crimes.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that sections
one through forty-four shall take effect on the same date and in the
same manner as a chapter of the laws of 2023 amending the penal law,
criminal procedure law, correction law, social services law, vehicle and
traffic law, family court act, civil rights law, civil practice law and
rules, agriculture and markets law, judiciary law, and domestic
relations law relating to sex offenses, as proposed in legislative bills
numbers S.3161 and A.3340, takes effect.
