Enacts "Jessica Lunsford act" relating to enhancing the class A-II felony of predatory sexual assault against a child by expanding the acts to which such offense applies; establishes a mandatory sentence of 25 years to life term of imprisonment; requires electronic monitoring of inmates upon release from prison.
STATE OF NEW YORK
________________________________________________________________________
2323
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. SLATER -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the executive law, in relation to
enacting the "Jessica Lunsford act" relating to predatory sexual
assault against a child
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Jessica Lunsford act".
3 § 2. Subparagraph (ii) of paragraph (a) of subdivision 3 of section
4 70.00 of the penal law, as amended by chapter 107 of the laws of 2006,
5 is amended to read as follows:
6 (ii) For a class A-II felony, such minimum period shall not be less
7 than three years nor more than eight years four months, except that for
8 the class A-II felony of predatory sexual assault as defined in section
9 130.95 of this chapter [or the class A-II felony of predatory sexual
10 assault against a child as defined in section 130.96 of this chapter],
11 such minimum period shall be not less than ten years nor more than twen-
12 ty-five years, and except that for the class A-II felony of predatory
13 sexual assault against a child as defined in section 130.96 of this
14 chapter, such minimum period shall be twenty-five years.
15 § 3. Paragraph (a) of subdivision 4 of section 70.06 of the penal law,
16 as amended by chapter 107 of the laws of 2006, is amended to read as
17 follows:
18 (a) The minimum period of imprisonment for a second felony offender
19 convicted of a class A-II felony must be fixed by the court at no less
20 than six years and not to exceed twelve and one-half years and must be
21 specified in the sentence, except that for the class A-II felony of
22 predatory sexual assault as defined in section 130.95 of this chapter
23 [or the class A-II felony of predatory sexual assault against a child as
24 defined in section 130.96 of this chapter], such minimum period shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04133-01-3
A. 2323 2
1 not less than ten years nor more than twenty-five years, and except that
2 for the class A-II felony of predatory sexual assault against a child as
3 defined in section 130.96 of this chapter, such minimum period shall be
4 twenty-five years.
5 § 4. Section 130.96 of the penal law, as added by chapter 107 of the
6 laws of 2006, is amended to read as follows:
7 § 130.96 Predatory sexual assault against a child.
8 A person is guilty of predatory sexual assault against a child when,
9 being eighteen years old or more, he or she commits the crime of rape in
10 the first degree, criminal sexual act in the first degree, aggravated
11 sexual abuse in the first degree, or course of sexual conduct against a
12 child in the first degree, as defined in this article, [and the victim
13 is less than thirteen years old.] when:
14 1. The victim of such crime is a child less than thirteen years old;
15 or
16 2. The victim of such crime is a child not less than thirteen years
17 old, nor more than sixteen years old, and
18 (a) the actor is related to such victim by blood or affinity to the
19 third degree, or
20 (b) the actor has supervisory or disciplinary authority over such
21 victim by virtue of his or her legal, professional or occupational
22 status, or
23 (c) the actor is the parent or guardian of such victim, or in a posi-
24 tion of loco parentis to such victim; or
25 3. The victim of such crime is a child less than eighteen years old,
26 and such crime is committed, acting alone or with one or more persons,
27 during the commission or attempted commission of burglary, robbery,
28 arson, kidnapping, criminal escape or a sex offense; or
29 4. The victim of such crime is a child less than eighteen years old,
30 and the actor during the course of such crime is armed with a weapon, or
31 dangerous instrument, or displays what appears to the victim to be a
32 weapon or dangerous instrument, or threatens the use of a weapon or
33 dangerous instrument; or
34 5. The victim of such crime is a child less than eighteen years old,
35 and the actor, aided or abetted by one or more persons, uses physical
36 force or threatens the use of physical force against the victim; or
37 6. The victim of such crime is a child less than eighteen years old
38 who sustains serious physical injury during the course of such crime; or
39 7. The victim of such crime is a child less than eighteen years old
40 who is mentally disabled, mentally incapacitated or physically helpless,
41 and the actor knew or should have known that such victim was mentally
42 disabled, mentally incapacitated or physically helpless.
43 Predatory sexual assault against a child is a class A-II felony.
44 § 5. Section 259-c of the executive law is amended by adding a new
45 subdivision 14-a to read as follows:
46 14-a. notwithstanding any other provision of law to the contrary,
47 where a person serving a sentence for predatory sexual assault against a
48 child, as defined in section 130.96 of the penal law, is released on
49 parole or conditionally released pursuant to subdivision one or two of
50 this section, the board shall require, as a mandatory condition of such
51 release, that such person submit to the use of an electronic monitoring
52 or global position satellite tracking device monitored by the board
53 throughout the period of such release or such person's life, whichever
54 shall terminate earlier.
55 § 6. This act shall take effect on the first of November next succeed-
56 ing the date on which it shall have become a law.
