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A04099 Summary:

BILL NOA04099
 
SAME ASSAME AS S03161
 
SPONSORSimotas
 
COSPNSRGunther, Englebright, Colton, Morelle, Hooper, Lupardo
 
MLTSPNSRCrouch, Malliotakis, McLaughlin, Raia
 
Amd 70.00, 125.25, 130.70 & 130.75, add 130.36, 130.51, 130.71 & 130.81, rpld 130.35 sub 3, 130.50 sub 3, Pen L; amd 168-a, rel 168-w to be 168-x, add 168-w, Cor L
 
Makes the commission of rape, a criminal sexual act, aggravated sexual abuse or course of sexual conduct against a child less than 12 years of age or against a child less than 14 years of age by a person 21 years old or more a class A-I felony; eliminates references to such offenses in less severe crimes; includes such offenses within murder in the second degree for purposes of sentencing to life imprisonment without parole for murder committed in the course of committing such sex offenses against a child; designates such sex offenses against a child as sexually violent offenses for the purposes of sex offender registration; requires every sex offender convicted of such an offense to be subject to lifetime electronic monitoring by the division of criminal justice services upon release from prison.
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A04099 Actions:

BILL NOA04099
 
02/01/2017referred to codes
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A04099 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4099
 
SPONSOR: Simotas (MS)
  TITLE OF BILL: An act to amend the penal law and the correction law, in relation to sex offenses committed against children under 12 years of age and sex offenses committed by persons 21 years old or older against children under 14 years of age; to amend the correction law, in relation to requiring electronic monitoring of sex offenders convicted of such offenses against a child; to repeal subdivision 3 of section 130.35 of the penal law relating to rape of a child less than 11 years old; and to repeal subdivision 3 of section 130.50 of the penal law relating to a criminal sexual act with a child less than 11 years old   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 70.00 of the penal law to impose a penalty of twenty-five years to life imprisonment on a defendant convicted of rape of a child, criminal sexual act against a child, aggravated sexual abuse of a child, aggravated course of sexual conduct against a child. Section 2 amends section 125.25 of the penal law to establish penalties for the crimes of rape of a child, criminal sexual act against a child, aggravated sexual abuse of a child, aggravated course of sexual conduct against a child if the perpetrator is 18 years old or older. Section 3 repeals section 130.35 of the penal law. Section 4 amends the penal law by adding section 130.36 which defines rape of a child to include acts committed against children under 12, and under 14 if the perpetrator is 21 or older; makes the crime an A-I felo- ny. Section 5 repeals section 130.50 of the penal law. Section 6 amends the penal law by adding section 130.51 which defines criminal sexual act against a child to include acts committed against children under 12, and under 14 if the perpetrator is 21 or older; makes the crime an A-1 felony. Section 7 defines the crime of aggravated sexual abuse. Section 8 amends the penal law by adding section 130.71 which defines aggravated sexual abuse of a child to include acts committed against children under 12, and under 14 if the perpetrator is 21 or older; makes the crime an A-1 felony. Section 9 defines the crime of course of sexual conduct against a child. Section 10 amends the penal law by adding section 130.81 which defines aggravated course of sexual conduct against a child to include acts committed against children under 12, and under 14 if the perpetrator is 21 or older; makes the crime an A-1 felony. Section 11 amends section 168-a of the correction law to include the aforementioned crimes under the sexual offender registration act. Section 12 adds to section 168-w of the correction law to provide for lifetime electronic monitoring of sex offenders convicted of rape of a child, criminal sexual act against a child, aggravated sexual abuse of a child, aggravated course of sexual conduct against a child. Section 13 enacts the act immediately.   JUSTIFICATION: In the wake of several recent sex crimes against children, including the horrifying rape of a thirteen-year-old girl and the abuse of a nine- year-old girl, it has become clear that the existing penalties for such heinous crimes do not fit the crime. Considering the lasting physical, emotional and psychological trauma the victim endures, combined with the high rate of recidivism among sex offenders, it is necessary to enact a law that provides New York's children with the protection they need and deserve. A sentence of 25 years to life would ensure that sex offenders who commit these crimes against children would not be on the street to victimize others. Electronic monitoring after release would also be an effective method to prevent future attacks.   PRIOR LEGISLATIVE HISTORY: 2015-16 A4696 2009-10 A5232 (Gianaris) 02/11/09 referred to codes 01/06/10 referred to codes 2007-08 A4856 referred to codes   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: Immediately.
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A04099 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4099
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2017
                                       ___________
 
        Introduced  by  M. of A. SIMOTAS, GUNTHER, ENGLEBRIGHT, COLTON, MORELLE,
          HOOPER, LUPARDO -- Multi-Sponsored by -- M. of A. CROUCH, MALLIOTAKIS,
          McLAUGHLIN, RAIA -- read once and referred to the Committee on Codes
 
        AN ACT to amend the penal law and the correction law, in relation to sex
          offenses committed against children under 12  years  of  age  and  sex
          offenses  committed  by persons 21 years old or older against children
          under 14 years of age; to amend the correction  law,  in  relation  to
          requiring  electronic  monitoring  of  sex offenders convicted of such
          offenses against a child; to repeal subdivision 3 of section 130.35 of
          the penal law relating to rape of a child less than 11 years old;  and
          to repeal subdivision 3 of section 130.50 of the penal law relating to
          a criminal sexual act with a child less than 11 years old
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  3  of
     2  section 70.00 of the penal law, as amended by chapter 107 of the laws of
     3  2006, is amended to read as follows:
     4    (i) For a class A-I felony, such minimum period shall not be less than
     5  fifteen  years  nor more than twenty-five years; provided, however, that
     6  (A) where a sentence, other than a sentence of death or  life  imprison-
     7  ment  without parole, is imposed upon a defendant convicted of murder in
     8  the first degree as defined in section 125.27 of this chapter such mini-
     9  mum period shall be not less than twenty years nor more than twenty-five
    10  years, and, (B) where a sentence is imposed upon a  defendant  convicted
    11  of murder in the second degree as defined in subdivision five of section
    12  125.25  of  this chapter or convicted of aggravated murder as defined in
    13  section 125.26 of this chapter, the sentence shall be life  imprisonment
    14  without  parole,  and,  (C) where a sentence is imposed upon a defendant
    15  convicted of attempted murder in the first degree as defined in  article
    16  one  hundred  ten of this chapter and subparagraph (i), (ii) or (iii) of
    17  paragraph (a) of subdivision one and paragraph (b) of subdivision one of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04209-01-7

        A. 4099                             2
 
     1  section 125.27 of this chapter or attempted aggravated murder as defined
     2  in article one hundred ten of this chapter and section  125.26  of  this
     3  chapter such minimum period shall be not less than twenty years nor more
     4  than  forty years, and, (D) where a sentence is imposed upon a defendant
     5  convicted of rape of a child as  defined  in  section  130.36,  criminal
     6  sexual  act  against  a  child  as defined in section 130.51, aggravated
     7  sexual abuse of a child as  defined  in  section  130.71  or  aggravated
     8  course of sexual conduct against a child as defined in section 130.81 of
     9  this chapter such minimum period shall be twenty years.
    10    §  2.  Subdivision 5 of section 125.25 of the penal law, as amended by
    11  chapter 320 of the laws of 2006, is amended to read as follows:
    12    5. Being eighteen years old or more, while in the course of committing
    13  rape in the first, second or third degree, criminal sexual  act  in  the
    14  first, second or third degree, sexual abuse in the first degree, rape of
    15  a child, criminal sexual act against a child, aggravated sexual abuse of
    16  a child, aggravated course of sexual conduct against a child, aggravated
    17  sexual  abuse in the first, second, third or fourth degree, or incest in
    18  the first, second or third degree, against a person less  than  fourteen
    19  years old, he or she intentionally causes the death of such person.
    20    § 3. Subdivision 3 of section 130.35 of the penal law is REPEALED.
    21    §  4.  The penal law is amended by adding a new section 130.36 to read
    22  as follows:
    23  § 130.36 Rape of a child.
    24    A person is guilty of rape of a child when:
    25    1. he or she engages in sexual intercourse with another person who  is
    26  less than twelve years old; or
    27    2.  being  twenty-one  years  old or more, he or she engages in sexual
    28  intercourse with another person less than fourteen years old.
    29    Rape of a child is a class A-I felony.
    30    § 5. Subdivision 3 of section 130.50 of the penal law is REPEALED.
    31    § 6. The penal law is amended by adding a new section 130.51  to  read
    32  as follows:
    33  § 130.51 Criminal sexual act against a child.
    34    A person is guilty of criminal sexual act against a child when:
    35    1.  he  or  she  engages in oral sexual conduct or anal sexual conduct
    36  with another person who is less than twelve years old; or
    37    2. being twenty-one years old or more, he or she engages in oral sexu-
    38  al conduct or anal sexual conduct with another person who is  less  than
    39  fourteen years old.
    40    Criminal sexual act against a child is a class A-I felony.
    41    §  7.  Subdivision 1 of section 130.70 of the penal law, as amended by
    42  chapter 450 of the laws of 1988, the opening  paragraph  as  amended  by
    43  chapter 485 of the laws of 2009, is amended to read as follows:
    44    1.  A  person is guilty of aggravated sexual abuse in the first degree
    45  when he or she inserts a foreign object in the vagina,  urethra,  penis,
    46  rectum or anus of another person causing physical injury to such person:
    47    (a) By forcible compulsion; or
    48    (b) When the other  person  is incapable of consent by reason of being
    49  physically helpless[; or
    50    (c) When the other person is less than eleven years old].
    51    § 8. The penal law is amended by adding a new section 130.71  to  read
    52  as follows:
    53  § 130.71 Aggravated sexual abuse of a child.
    54    1. A person is guilty of aggravated sexual abuse of a child when:

        A. 4099                             3
 
     1    (a)  he or she inserts a foreign object in the vagina, urethra, penis,
     2  rectum or anus of another person causing physical injury to such  person
     3  when such other person is less than twelve years old; or
     4    (b)  being  twenty-one  years old or more, he or she inserts a foreign
     5  object in the vagina, urethra, penis, rectum or anus of  another  person
     6  causing  physical  injury  to such person when such other person is less
     7  than fourteen years old.
     8    2. Conduct performed for a valid medical purpose does not violate  the
     9  provisions of this section.
    10    Aggravated sexual abuse of a child is a class A-I felony.
    11    §  9.  Subdivision 1 of section 130.75 of the penal law, as amended by
    12  chapter 1 of the laws of 2000, paragraphs (a)  and  (b)  as  amended  by
    13  chapter 264 of the laws of 2003, is amended to read as follows:
    14    1.  A  person is guilty of course of sexual conduct against a child in
    15  the first degree when, over a period of time not less than three  months
    16  in duration[:
    17    (a)  he  or  she  engages in two or more acts of sexual conduct, which
    18  includes at least one act of sexual intercourse,  oral  sexual  conduct,
    19  anal sexual conduct or aggravated sexual contact, with a child less than
    20  eleven years old; or
    21    (b)],  he  or she, being eighteen years old or more, engages in two or
    22  more acts of sexual conduct, which include at least one  act  of  sexual
    23  intercourse,  oral  sexual  conduct,  anal  sexual conduct or aggravated
    24  sexual contact, with a child less than thirteen years old.
    25    § 10. The penal law is amended by adding a new section 130.81 to  read
    26  as follows:
    27  § 130.81 Aggravated course of sexual conduct against a child.
    28    1. A person is guilty of aggravated course of sexual conduct against a
    29  child  when,  over  a period of time not less than three months in dura-
    30  tion:
    31    (a) he or she engages in two or more acts  of  sexual  conduct,  which
    32  includes  at  least  one act of sexual intercourse, oral sexual conduct,
    33  anal sexual conduct or aggravated sexual contact, with a child less than
    34  twelve years old; or
    35    (b) he or she, being twenty-one years old or more, engages in  two  or
    36  more  acts  of sexual conduct, which includes at least one act of sexual
    37  intercourse, oral sexual conduct,  anal  sexual  conduct  or  aggravated
    38  sexual contact, with a child less than fourteen years old.
    39    2.  A  person  may not be subsequently prosecuted for any other sexual
    40  offense involving the same  victim  unless  the  other  charged  offense
    41  occurred outside the time period charged under this section.
    42    Aggravated  course  of  sexual  conduct against a child is a class A-I
    43  felony.
    44    § 11. Subparagraph (i) of paragraph (a) of subdivision  3  of  section
    45  168-a  of  the  correction law, as amended by chapter 107 of the laws of
    46  2006, is amended to read as follows:
    47    (i) a conviction of or a conviction for an attempt to  commit  any  of
    48  the  provisions  of  sections  130.35,  130.36,  130.50, 130.51, 130.65,
    49  130.66, 130.67, 130.70,  130.71,  130.75,  130.80,  130.81,  130.95  and
    50  130.96 of the penal law, or
    51    §  12.  Section  168-w of the correction law, as relettered by chapter
    52  604 of the laws of 2005, is relettered 168-x and a new section 168-w  is
    53  added to read as follows:
    54    §  168-w.  Electronic  monitoring of certain sex offenders. 1. Any sex
    55  offender having been convicted of rape of a child as defined in  section
    56  130.36,  criminal  sexual  act  against  a  child  as defined in section

        A. 4099                             4
 
     1  130.51, aggravated sexual abuse of a child as defined in section  130.71
     2  or  aggravated  course  of  sexual conduct against a child as defined in
     3  section 130.81 of the penal law shall be placed on electronic monitoring
     4  for life.
     5    2. The division shall establish a system of active electronic monitor-
     6  ing  that identifies the location of a sex offender required to be moni-
     7  tored pursuant to subdivision one of this section and that can  produce,
     8  upon  request, reports or records of the sex offender's presence near or
     9  within a crime scene or prohibited area or the sex offender's  departure
    10  from specified geographic limitations.
    11    3.  The  division  shall  also promulgate regulations implementing the
    12  imposition and collection  of  fees  related  to  electronic  monitoring
    13  pursuant  to  this  section. Such regulations shall utilize a means test
    14  based on two hundred percent of the federal poverty  guidelines  promul-
    15  gated  annually  by  the federal department of health and human services
    16  and if the sex offender falls below such percentage then no fee shall be
    17  charged, and earnings above such percentage shall  be  considered  on  a
    18  sliding  scale. Such regulations shall also provide that the division of
    19  parole consider any additional test or  indicia  that  demonstrates  the
    20  inability  of the sex offender to pay such fees.  Employees of the divi-
    21  sion of parole shall be prohibited from collecting electronic monitoring
    22  related fees.
    23    4. Any sex offender required to be electronically  monitored  pursuant
    24  to the provisions of this section who violates such requirement shall be
    25  guilty  of  a  class E felony upon conviction for the first offense, and
    26  upon conviction for a second or subsequent offense shall be guilty of  a
    27  class  D felony. Any such violation may also be the basis for revocation
    28  of parole pursuant to section two hundred fifty-nine-i of the  executive
    29  law.
    30    §  13.  This  act  shall  take  effect  immediately and shall apply to
    31  offenses committed on or after  such  effective  date;  furthermore  all
    32  offenses committed prior to such effective date shall be governed by the
    33  provisions of law in effect immediately before such date.
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