BILL NUMBER: S3161
SPONSOR: HOYLMAN-SIGAL
 
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, the judiciary law and the domes-
tic relations law, in relation to sex offenses; and to repeal certain
provisions of the penal law relating thereto
 
PURPOSE OR GENERAL IDEA OF BILL:
To amend the penal law to remove the penetration requirement from the
rape statutes as well as to define rape as sexual intercourse, oral
sexual conduct, or anal sexual conduct.
 
SUMMARY OF PROVISIONS:
This bill removes the penetration requirement from the rape statutes,
redefines rape to include oral and anal sexual conduct within the defi-
nition of rape and makes conforming changes throughout various areas of
law.
 
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 redefine rape to include oral and anal sexual conduct,
which are now referred to as "criminal sexual act," so that these other
forms of sexual assault are recognized by the law as rape.
 
PRIOR LEGISLATIVE HISTORY:
S.1075-A of 2021-2022 (Hoylman): Died in Codes
A.6319-A of 2021-2022 (Cruz): Passed Assembly / Died in Codes
S.8279 of 2019-2020 (Hoylman): Died in Codes
A.0794 of 2019-2020 (Simotas): Died in Rules
A.4295-A of 2017-2018
A.4959B of 2015-2016
 
FISCAL IMPLICATIONS:
None to state.
 
EFFECTIVE DATE:
This act shall take effect January 1, 2024, and shall apply to any
offense on or after such effective date.

Statutes affected:
S3161: 130.25 penal law, 130.30 penal law, 130.35 penal law, 10.00 penal law, 10.00(18) penal law, 30.00 penal law, 30.00(2) penal law, 35.15 penal law, 35.15(2) penal law, 70.02 penal law, 70.02(1) penal law, 120.40 penal law, 120.40(5) penal law, 125.25 penal law, 125.25(3) penal law, 125.25(5) penal law, 130.10 penal law, 130.10(3) penal law, 130.96 penal law, 240.75 penal law, 240.75(2) penal law, 530.11 criminal procedure law, 530.11(one) criminal procedure law, 255.27 penal law, 485.05 penal law, 485.05(3) penal law, 1.20 criminal procedure law, 1.20(42) criminal procedure law, 190.71 criminal procedure law, 722.20 criminal procedure law, 722.20(4) criminal procedure law, 722.21 criminal procedure law, 722.21(5) criminal procedure law, 300.50 criminal procedure law, 300.50(6) criminal procedure law, 64 civil rights law, 64(2) civil rights law, 213-c civil practice law, 4 judiciary law, 120.60 penal law, 120.60(2) penal law, 210.16 criminal procedure law, 210.16(1) criminal procedure law, 390.15 criminal procedure law, 390.15(1) criminal procedure law, 130.16 penal law, 235.00 penal law, 235.00(1) penal law, 235.22 penal law, 235.22(2) penal law, 255.25 penal law, 263.00 penal law, 263.00(3) penal law, 170 domestic relations law, 170(4) domestic relations law, 135.61 penal law, 230.11 penal law, 230.12 penal law, 230.13 penal law, 200 domestic relations law, 200(4) domestic relations law