New York S 1839: Relates to amending sex offenses and consent involving members of the clergy

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S01839 Summary:

BILL NOS01839 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSRMAY

&nbsp

MLTSPNSR

&nbsp

Amd §§130.05 & 130.10, Pen L

&nbsp

Amends provisions about sex offenses and consent involving members of the clergy or other ministers of any religion or duly accredited Christian science practitioners.

Go to top S01839 Actions:

BILL NOS01839 

&nbsp

01/14/2025REFERRED TO CODES

Go to topS01839 Committee&nbspVotes:

Go to topS01839 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01839 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1839

 2025-2026 Regular Sessions

 IN SENATE

 January 14, 2025
 ___________

 Introduced by Sens. HOYLMAN-SIGAL, MAY -- read twice and ordered print-
 ed, and when printed to be committed to the Committee on Codes

 AN ACT to amend the penal law, in relation to amending sex offenses and
 consent involving members of the clergy

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (j) of subdivision 3 of section 130.05 of the
 2 penal law, as added by section 1 of part JJ of chapter 55 of the laws of
 3 2018, is amended and a new paragraph (l) is added to read as follows:
 4 (j) detained or otherwise in the custody of a police officer, peace
 5 officer, or other law enforcement official and the actor is a police
 6 officer, peace officer or other law enforcement official who either: (i)
 7 is detaining or maintaining custody of such person; or (ii) knows, or
 8 reasonably should know, that at the time of the offense, such person was
 9 detained or in custody[.]; or
 10 (l) a member or adherent of an organized church or religious group and
 11 the actor is a member of the clergy or other minister of any religion or
 12 duly accredited Christian science practitioner charged with rape in the
 13 third degree as defined in section 130.25 of this article, aggravated
 14 sexual abuse in the fourth degree as defined in section 130.65-a of this
 15 article, or sexual abuse in the third degree as defined in section
 16 130.55 of this article, and the act of sexual conduct occurs during the
 17 provision of pastoral counseling services within the context of minis-
 18 terial charge or obligation.
 19 § 2. Subdivision 4 of section 130.10 of the penal law, as amended by
 20 section 2 of part JJ of chapter 55 of the laws of 2018, is amended to
 21 read as follows:
 22 4. In any prosecution under this article in which the victim's lack of
 23 consent is based solely on [his or her] the victim's incapacity to
 24 consent because [he or she] the victim was less than seventeen years
 25 old, mentally disabled, a client or patient and the actor is a health

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04307-01-5

 S. 1839 2

 1 care provider, a member or adherent of an organized church or religious
 2 group and the actor is a member of the clergy or other minister of any
 3 religion or duly accredited Christian science practitioner, detained or
 4 otherwise in custody of law enforcement under the circumstances
 5 described in paragraph (j) of subdivision three of section 130.05 of
 6 this article, or committed to the care and custody or supervision of the
 7 state department of corrections and community supervision or a hospital
 8 and the actor is an employee, it shall be a defense that the defendant
 9 was married to the victim as defined in subdivision four of section
 10 130.00 of this article.
 11 § 3. This act shall take effect on the thirtieth day after it shall
 12 have become a law.

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