New York 2025-2026 Regular Session

New York Assembly Bill A01742

Introduced
1/14/25  
Refer
1/14/25  

Caption

Establishes the crime of forcible touching of a correction officer; increases criminal penalties for certain sexual offenses committed against correction officers when such correction officer is acting in the course of such correction officer's employment.

Summary

This bill creates a new offense of forcible touching of a correction officer when the officer is acting in the course of employment, and classifies that offense as a class E felony. It also amends New York’s Penal Law to increase the penalty level for a broad range of existing sex offenses when the victim is a correction officer on duty, including sexual misconduct, sexual abuse, rape in the third degree, rape in the second degree, rape in the first degree, persistent sexual abuse, aggravated sexual abuse in the fourth, third, second, and first degrees, female genital mutilation, facilitating a sex offense with a controlled substance, and predatory sexual assault. In each of those provisions, the bill adds a special sentencing enhancement that raises the offense one or more felony classes when committed against a correction officer performing official duties. For example, some misdemeanors become felonies, and several felonies are elevated to more serious felony classes, including A-II or A-I in the most serious cases. The bill does not change the underlying elements of the offenses generally; rather, it creates a victim-specific enhancement tied to correction officers and their employment status. The bill’s impact on state law would be to expand the Penal Law’s sex offense article with a new correction-officer-specific crime and to create a new aggravating factor for sentencing and charging across multiple sex-related offenses. It would affect prosecutors, defendants, correction officers, and correctional institutions by increasing exposure to higher-level charges and penalties for conduct occurring in correctional settings or otherwise against on-duty correction officers. There is no recorded committee transcript, vote history, or formal action in the provided materials, so the overall sentiment cannot be measured from debate or roll call. Based on the bill text and caption, the measure appears to be framed as a protective and punitive response to sexual misconduct against correction officers, with a clear law-and-order orientation. Because no opposition or amendments are shown, no specific points of contention are documented in the supplied record. The main issue that could generate debate is the bill’s broad use of enhanced penalties for a wide range of offenses against a single occupational class, which may raise questions about proportionality, consistency with existing sentencing schemes, and whether correction officers should receive special victim-based enhancements beyond those already available under current law.

Impact

The bill would amend the Penal Law to add a new class E felony for forcible touching of a correction officer and to increase the felony class of numerous existing sex offenses when committed against an on-duty correction officer. It would affect charging and sentencing under Article 130, creating correction-officer-specific penalty enhancements across misdemeanor and felony offenses, and would apply immediately upon enactment.

Sentiment

No committee discussion or vote record was provided, so there is no measurable recorded sentiment from legislative debate. From the bill’s text and caption, the measure appears strongly supportive of correction officers and intended to deter and punish sexual offenses in correctional settings, suggesting a generally tough-on-crime posture rather than a neutral or reform-oriented one.

Contention

The principal potential contention is the bill’s broad enhancement scheme: it treats correction officers as a specially protected class for a wide range of sex offenses and raises penalties substantially, which could prompt debate over proportionality, fairness, and whether existing assault and sexual offense laws already provide sufficient punishment. Another possible point of concern is how the bill would operate in correctional facilities, where allegations, proof issues, and charging discretion may be especially sensitive. No specific objections or supporters are identified in the provided record.

Companion Bills

NY S03517

Same As Establishes the crime of forcible touching of a correction officer; increases criminal penalties for certain sexual offenses committed against correction officers when such correction officer is acting in the course of such correction officer's employment.

Previously Filed As

NY S03517

Establishes the crime of forcible touching of a correction officer; increases criminal penalties for certain sexual offenses committed against correction officers when such correction officer is acting in the course of such correction officer's employment.

NY A01606

Establishes the crime of forcible touching of a correction officer; increases criminal penalties for certain sexual offenses committed against correction officers when such correction officer is acting in the course of their employment.

NY S0862

Correctional Officers, Correctional Probation Officers, and Institutional Security Specialists

NY H0383

Purchase and Possession of Firearms by Law Enforcement Officers, Correctional Officers, Correctional Probation Officers, and Servicemembers

NY H2702

To protect correctional officers

NY HB294

Malicious bodily injury to correctional officers; penalties.

NY HB4110

sheriff's officers; correctional officers; training

NY HB1742

Department of Corrections; require to provide body-worn cameras for its correctional officers.

NY S0490

Concealed Carry Licensing Requirements for Law Enforcement Officers, Correctional Officers, Correctional Probation Officers, and Military Servicemembers

NY H0317

Complaints Against Law Enforcement and Correctional Officers

Similar Bills

No similar bills found.