BILL NUMBER: S5393
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
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 passenger
on public transportation; in relation to establishing enhanced penalties
for offenses committed while in or upon a building, facility, property,
vehicle or train owned, leased or operated by the metropolitan transpor-
tation 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 transpor-
tation authority
 
PURPOSE:
To create the penalty of aggravated sexual contact in the first degree
as a class D felony and to include public lewdness while a passenger on
public transportation as a class a misdemeanor and provide for elevated
sentencing levels as the result of conviction for a designated crime. To
further, allow the Metropolitan Transportation Authority to suspend or
revoke the privilege to utilize the public transportation and facilities
of the Authority following conviction of a designated crime under aggra-
vated circumstance(s).
 
SUMMARY OF PROVISIONS:
§ 1 - adds a new subdivision 2-a to section 130.65 of the penal law-mak-
ing it sexual abuse in the 1st degree if a person intentionally and with
the sole purpose of sexual gratification and without the consent of the
other person while a passenger on public transportation.
§ 2 - adds a new subdivision 3 to subdivision 2 of section 245.03 of the
penal law to include public lewdness while a passenger on public trans-
portation
§ 3 - amends section 70.11 of the penal law to provide enhanced sentenc-
ing provisions upon conviction for designated crimes committed in or
upon MTA buildings, facilities, property, vehicles or trains.
§ 4 - adds a new subdivision 4 to section 140.17 of the penal law to
provide for an elevated charge of criminal trespass first degree when a
person who was previously convicted of a designated crime and served
notice from the MTA that his or her privilege to utilize MTA building,
facilities, properties, vehicles or trains was suspended or revoked.
§ 5 - adds a new section 380.67 of the criminal procedure law that
allows the Metropolitan Transportation Authority to suspend or revoke
the privilege to utilize public transportation or buildings, facilities,
properties, trains or vehicles, owned, leased, or operated by the MTA,
upon notice to the person convicted of a designated crime.
The MTA shall have an appeals process to review revocation or suspension
notices.
 
EXISTING LAW:
Section 1 of this act addresses a disparity in current law, which mini-
mizes the impact of assaultive behavior on public transportation. This
abhorrent criminal behavior currently carries misdemeanor punishments;
this law seeks to raise "grinding" to a felony level penalty and ensure
that public lewdness on public transportation is raised to the highest
level of misdemeanor. No current law provides for enhanced sentencing of
specified crimes committed in or upon buildings, facilities, proper-
ty,vehicles or trains owned, operated or leased by the MTA.
 
JUSTIFICATION:
A Court of Appeals decision allowed a chronic pervert who masturbated on
three subway riders off without prison time. Although the District
Attorney sought felony charges, the state's highest court threw out the
felony charges because there was no proof the victim felt threatened
with violence, resulting in only a misdemeanor sex abuse charge carrying
a maximum of three months.
These subway "grinders" as they are euphemistically referred to by law
enforcement are sexual deviants who prey upon victims who are going
about their daily commute and have no means of escape. This law seeks to
raise these acts to a felony status.
It would establish this crime as a class D felony that could carry any
of the following sentences depending upon prior criminal record
probation to 1-3 to 7 years and for public lewdness, the crime is a
class A misdemeanor and carries a penalty of up to 1-year imprisonment.
The draw of criminal activity to our public transportation system magni-
fies the importance of our public policy to maintain a safe environment
for our citizens as they utilize buildings, facilities, properties,
vehicles and trains owned or operated by the Metropolitan Transportation
Authority. This legislation enhances sentencing guidelines for desig-
nated crimes committed in or upon MTA buildings, properties, vehicles
and employees. It also provides the MTA a mechanism to revoke or suspend
the privilege to utilize MTA services if a person is convicted of a
designated crime as an aggravated circumstance.
For calendar year 2017, the MTA recorded over 2.6 billion rides on its
trains and buses. Given the public's heavy reliance on public transpor-
tation, as a mainstay for daily life in our metropolitan area, public
safety and security should be synonymous with the travelling public.
 
LEGISLATIVE HISTORY:
2024; Held in Senate Codes Committee.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

Statutes affected:
S5393: 130.65 penal law, 245.03 penal law, 245.03(2) penal law, 140.17 penal law, 140.17(3) penal law