New York S 5393: Relates to offenses committed while in or upon a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority

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S05393 Summary:

BILL NOS05393 

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SAME ASNo Same As

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SPONSORSCARCELLA-SPANTON

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COSPNSR

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MLTSPNSR

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Amd §§130.65, 245.03 & 140.17, add §70.11, Pen L; add §380.67, CP L

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Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation and the contact was intentional and with the sole purpose of sexual gratification; relates to public lewdness while a passenger on public transportation; establishes enhanced penalties for offenses committed while in or upon a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority; provides for the suspension or revocation of the use of a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority.

Go to top S05393 Actions:

BILL NOS05393 

&nbsp

02/21/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05393 Committee&nbspVotes:

Go to topS05393 Floor&nbspVotes:

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

Go to topS05393 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5393

 2025-2026 Regular Sessions

 IN SENATE

 February 21, 2025
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
 and when printed to be committed to the Committee on Codes

 AN ACT to amend the penal law, in relation to sexual abuse in the first
 degree where a person is incapable of consent while a passenger on
 public transportation; in relation to public lewdness while a passen-
 ger on public transportation; in relation to establishing enhanced
 penalties for offenses committed while in or upon a building, facili-
 ty, property, vehicle or train owned, leased or operated by the metro-
 politan transportation authority; and to amend the criminal procedure
 law, in relation to the suspension or revocation of the use of a
 facility, property, vehicle or train owned, leased or operated by the
 metropolitan transportation authority

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

 1 Section 1. Section 130.65 of the penal law is amended by adding a new
 2 subdivision 2-a to read as follows:
 3 2-a. Intentionally, and with the sole purpose of sexual gratification,
 4 and without the consent of the other person while a passenger on public
 5 transportation; or
 6 § 2. Subdivision 2 of section 245.03 of the penal law, as added by
 7 chapter 186 of the laws of 2014, is amended and a new subdivision 3 is
 8 added to read as follows:
 9 2. [he or she] such person commits the crime of public lewdness, as
 10 defined in section 245.00 of this article, and within the preceding year
 11 has been convicted of an offense defined in such section 245.00 or this
 12 section[.]; or
 13 3. such person commits the crime of public lewdness, as defined in
 14 section 245.00 of this article, while a passenger on public transporta-
 15 tion.
 16 § 3. The penal law is amended by adding a new section 70.11 to read as
 17 follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07414-01-5

 S. 5393 2

 1 § 70.11 Sentences of imprisonment for offenses committed while in or
 2 upon a building, facility, property, vehicle or train owned,
 3 leased or operated by the metropolitan transportation authori-
 4 ty; aggravating factors.
 5 Matters occurring while in or upon a building, facility, property,
 6 vehicle or train owned, leased or operated by the metropolitan transpor-
 7 tation authority, shall result in the following enhancement of such
 8 sentence:
 9 1. For offenses committed under section 120.00 of this chapter, the
 10 sentence shall reflect a class E felony;
 11 2. For offenses committed under section 120.01 of this chapter, the
 12 sentence shall reflect a class D felony;
 13 3. For offenses committed under section 120.02 of this chapter, the
 14 sentence shall reflect a class C felony;
 15 4. For offenses committed under section 120.05 of this chapter, the
 16 sentence shall reflect a class C felony;
 17 5. For offenses committed under section 120.06 of this chapter, the
 18 sentence shall reflect a class B felon