BILL NUMBER: S5506
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crime of
forcible touching of a correction officer, and to increase criminal
penalties for certain sexual offenses committed against correction offi-
cers
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation will create stronger laws that will better protect
Correction Officers and will help in the prosecution of those who abuse
them.
 
SUMMARY OF PROVISIONS:
A - Print amendments removed erroneous reference to assaults on public
transportation
B- Print amendment clarified that the enhanced penalties are only when a
correction officer is in the course of their employment.
Section 1: Amends Penal Law §§ 130.52-a by creating the crime of forci-
ble touching of a correction officer when a person intentionally, and
for no legitimate purpose forcibly touches the sexual or other intimate
parts of a correction officer. This crime would be an E felony
Section 2: Amends Penal Law §§ 130.20 to say that when a person is guil-
ty of sexual misconduct against a correction officer, sexual misconduct
is a class E felony as opposed to an A misdemeanor.
Section 3: Amends Penal Law §§ 130.25 to say that when a person is guil-
ty of rape in the third degree against a correction officer, said crime
is a class D felony as opposed to an E felony.
Section 4: Amends Penal Law §§ 130.30 to say that when a person is guil-
ty of rape in the second degree against a correction officer, said crime
is a class C 'felony as opposed to a D felony.
Section 5: Amends Penal Law §§ 130:35 to say that when a person is guil-
ty of rape in the first degree against a correction officer, said crime
is a class A-II felony as opposed to an B felony.
Section 6: Amends Penal Law §§ 130.40 to say that when a person is guil-
ty of criminal sexual act in the third degree against a correction offi-
cer, said crime is a class D felony as opposed to an E felony.
Section 7: Amends Penal Law §§ 130.45 to say that when a person is guil-
ty of criminal sexual act in the second degree against a correction
officer, said crime is a class C felony as opposed to a D felony.
Section 8: Amends Penal Law §§ 130.50 to say that when a person is guil-
ty of criminal sexual act in the first degree against a correction offi-
cer, said crime is a class A-II felony as opposed to a B felony
Section 9: Amends Penal Law §§ 130.53 to say that when a person is guil-
ty of persistent sexual abuse against a correction officer, said crime
is a class D felony as opposed to a E felony
Section 10: Amends Penal Law § 130.55 to say that when a person is guil-
ty of sexual abuse in the third degree against a correction officer,
said crime is a class A misdemeanor as opposed to an B misdemeanor.
Sections 11 Amends Penal Law § 130.60 to say that when a person is guil-
ty of sexual abuse in the second degree against a correction officer,
said crime is a class E felony as opposed to an A misdemeanor.
Section 12: Amends Penal Law § 130.65 to say that when a person is guil-
ty of sexual abuse in the first degree against a correction officer,
said crime is a class C felony as opposed to an D felony.
Section 13: Amends Penal Law § 130.65-a to say that when a person is
guilty of aggravated sexual abuse in the fourth degree against a
correction officer, said crime is a class D felony as opposed to an E
felony.
Section 14: Amends Penal Law § 130.66 to say that when a person is guil-
ty of aggravated sexual abuse in the third degree against a correction
officer, said crime is a class C felony as opposed to an D felony.
Sections 15: Amends Penal Law § 130.67 to say that when a person is
guilty of aggravated sexual abuse in the second degree against a
correction officer, said crime is a class B felony as opposed to a C
felony.
Section 16: Amends Penal Law § 130.70 to say that when a person is guil-
ty of aggravated sexual abuse in the first degree against a correction
officer, said crime is a class A-11 felony as, opposed to a B felony.
Section 17: Amends Penal Law § 130.85 to say that when a person is guil-
ty of female genital mutilation against a correction officer, said crime
is a class D felony as opposed to an E felony.
Section 18: Amends Penal Law § 130.90 to say that when a person is guil-
ty of facilitating a sex offense with a controlled substance against a
correction officer, said crime is a class C felony as opposed to a D
felony.
Section 19: Amends Penal Law § 130.95 to say that when a person is guil-
ty of guilty of predatory sexual assault against a correction officer,
said crime is a class A-I felony as opposed to an A-II felony.
Section 20: Sets the effective date of the bill immediately.
 
JUSTIFICATION:;
Correction officers have faced an onslaught of sexual assaults and sexu-
al harassment from detainees on Rikers Island and other city jails,
often without any repercussions or consequences according to local news
reports. On October 30, 2021, The New York Times reported that nearly
half of the uniformed staff at New York City's jails are women that face
a particularly high risk of being attacked; and last year, there were at
least 19 allegations of detainees sexually assaulting uniformed
correction employees, according to the New York City Department of
Correction (DOC). Eighteen of these uniformed correction employees were
women, with an additional five reported cases of sexual assault against
female civilian staff members. Article 130 of the New York State Penal
Code categorizes the forcible touching of a correction officer as only a
class a misdemeanor; and various other crimes are generally more serious
than the current categorization of these vicious crimes. The DOC and the
Correction Officers' Benevolent Association, the union representing
correction officers in the City's jails, are working in collaboration
with the Bronx District Attorney, who oversees the Riker's Island Prose-
cution Bureau, to ensure that victims of these he inous assaults receive
the justice and support they deserve.
During an October 2021 news conference outside of Rikers Island, New
York City Council Member Adrienne E. Adams emphasized the need to make
forcible touching of a correction officer a felony instead of a misde-
meanor. This legislation increases the penalties for sexual crimes
against correction officers.
Crimes against correction officers are out of control and, often go
unprosecuted leaving assailants with no perception of deterrence. We
need to do all we can to strengthen these laws.
https://nypost.com/2021/10/25/female-workers-at-rikers-island-reveal-sexa
assaultsby-inmates/
 
PRIOR LEGISLATIVE HISTORY:
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately

Statutes affected:
S5506: 130.25 penal law, 130.30 penal law, 130.35 penal law, 130.40 penal law, 130.45 penal law, 130.50 penal law, 130.53 penal law, 130.55 penal law, 130.60 penal law, 130.65 penal law, 130.85 penal law, 130.95 penal law