STATE OF NEW YORK ________________________________________________________________________ 843 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. GUNTHER, ZEBROWSKI, HOOPER, OTIS, MONTESANO, SALADINO -- Multi-Sponsored by -- M. of A. CROUCH, McDONOUGH, RIVERA -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to including individuals with a mental defect as a victim under sexual abuse in the first degree The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 130.65 of the penal law, as 2 amended by chapter 26 of the laws of 2011, is amended and a new subdivi- 3 sion 5 is added to read as follows: 4 4. When the other person is less than thirteen years old and the actor 5 is twenty-one years old or older[.]; or 6 5. When the other person has a mental disease or defect. 7 § 2. This act shall take effect on the first of November next succeed- 8 ing the date on which it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02521-01-7