A08935 Summary:

BILL NOA08935
 
SAME ASNo same as
 
SPONSORThiele
 
COSPNSRCurran, Castro, Gibson, Lavine, Ortiz, Reilly, Rivera P, Sweeney, Zebrowski, Colton, Englebright, Cook, Hooper, Ramos
 
MLTSPNSRAbbate, Barclay, Boyland, Brennan, Burling, Ceretto, Conte, Corwin, Crouch, Duprey, Finch, Giglio, Goodell, Graf, Lopez P, Losquadro, McDonough, Miller J, Montesano, Murray, Perry, Ra, Raia, Saladino, Sayward, Scarborough, Schimel, Tedisco, Titone, Tobacco
 
Add S130.81, amd SS120.40, 125.25, 125.27 & 70.02, Pen L; amd S30.10, CP L; amd S168-a, Cor L
 
Establishes the crime of serial sexual assault as a class B felony when a person engages in three or more acts of sexual assault involving two or more victims.
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A08935 Actions:

BILL NOA08935
 
01/04/2012referred to codes
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A08935 Floor Votes:

There are no votes for this bill in this legislative session.
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A08935 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8935
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 4, 2012
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Codes
 
        AN  ACT  to  amend  the  penal  law,  the criminal procedure law and the
          correction law, in relation to establishing the crime of serial sexual
          assault as a class B felony
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1. The penal law is amended by adding a new section 130.81 to
     2  read as follows:
     3  § 130.81 Serial sexual assault.
     4    1. A person is guilty of serial sexual assault when he or she  engages
     5  in three or more acts of sexual assault involving two or more victims.
     6    2.  For  the purposes of this section, sexual assault is defined as an
     7  act or acts which would constitute a sexual offense pursuant to sections
     8  130.30, 130.35, 130.45, 130.50, 130.67, 130.70, and 130.75 of this arti-
     9  cle, or an attempt to commit any thereof.
    10    3. A person may not be subsequently prosecuted for  any  other  sexual
    11  offense  involving  the  same victim or victims unless the other charged

    12  offense occurred outside the time period charged under this section.
    13    Serial sexual assault is a class B felony.
    14    § 2. Subdivision 3 of section 30.10 of the criminal procedure  law  is
    15  amended by adding a new paragraph (h) to read as follows:
    16    (h)  For a prosecution for serial sexual assault as defined in section
    17  130.81 of the penal law, the period of limitation shall not begin to run
    18  until the commission of the most recent act of sexual assault; provided,
    19  however, that nothing in this paragraph shall be deemed  to  shorten  or
    20  otherwise  lessen  the  period,  defined in any other applicable law, in
    21  which a prosecution for a felony designated in  this  paragraph  may  be
    22  commenced.
    23    §  3.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section

    24  168-a of the correction law, as amended by chapter 405 of  the  laws  of
    25  2008, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13702-01-2

        A. 8935                             2
 
     1    (i)  a  conviction  of or a conviction for an attempt to commit any of
     2  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
     3  130.45,  130.60,  130.81,  230.34,  250.50, 255.25, 255.26 and 255.27 or
     4  article two hundred sixty-three of the penal  law,  or  section  135.05,
     5  135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
     6  provided the victim of such kidnapping or related offense is  less  than

     7  seventeen years old and the offender is not the parent of the victim, or
     8  section  230.04, where the person patronized is in fact less than seven-
     9  teen years of age, 230.05 or  230.06,  or  subdivision  two  of  section
    10  230.30, or section 230.32 or 230.33 of the penal law, or
    11    §  4. Paragraph b of subdivision 5 of section 120.40 of the penal law,
    12  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
    13  follows:
    14    b.  a crime defined in section 130.20, 130.25, 130.30, 130.40, 130.45,
    15  130.55, 130.60, 130.70, 130.81, 255.25, 255.26 or 255.27;
    16    § 5. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
    17  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
    18  follows:
    19    (a)  Class  B  violent felony offenses: an attempt to commit the class
    20  A-I felonies of murder in  the  second  degree  as  defined  in  section

    21  125.25, kidnapping in the first degree as defined in section 135.25, and
    22  arson  in the first degree as defined in section 150.20; manslaughter in
    23  the first degree as defined in section 125.20,  aggravated  manslaughter
    24  in  the  first  degree  as  defined in section 125.22, rape in the first
    25  degree as defined in section 130.35, criminal sexual act  in  the  first
    26  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
    27  first degree as defined in section  130.70,  course  of  sexual  conduct
    28  against  a  child  in  the first degree as defined in section 130.75[;],
    29  serial sexual assault as defined in section 130.81, assault in the first
    30  degree as defined in section 120.10, kidnapping in the second degree  as
    31  defined  in  section  135.20, burglary in the first degree as defined in

    32  section 140.30, arson in the second degree as defined in section 150.15,
    33  robbery in the first degree as defined in section 160.15, incest in  the
    34  first  degree  as  defined  in  section 255.27, criminal possession of a
    35  weapon in the first degree as defined in section 265.04, criminal use of
    36  a firearm in the first degree as defined  in  section  265.09,  criminal
    37  sale  of  a  firearm  in  the first degree as defined in section 265.13,
    38  aggravated assault upon a police officer or a peace officer  as  defined
    39  in  section  120.11,  gang  assault  in  the  first degree as defined in
    40  section 120.07, intimidating a victim or witness in the first degree  as
    41  defined  in  section  215.17,  hindering prosecution of terrorism in the
    42  first degree as defined in section  490.35,  criminal  possession  of  a
    43  chemical  weapon or biological weapon in the second degree as defined in

    44  section 490.40, and criminal use of  a  chemical  weapon  or  biological
    45  weapon in the third degree as defined in section 490.47.
    46    §  6.  The opening paragraph of subdivision 3 of section 125.25 of the
    47  penal law, as amended by chapter 264 of the laws of 2003, is amended  to
    48  read as follows:
    49    Acting  either  alone or with one or more other persons, he commits or
    50  attempts to commit robbery, burglary, kidnapping,  arson,  rape  in  the
    51  first  degree,  criminal sexual act in the first degree, sexual abuse in
    52  the first degree, aggravated sexual abuse, serial sexual assault, escape
    53  in the first degree, or escape in the second degree, and, in the  course
    54  of  and  in  furtherance of such crime or of immediate flight therefrom,
    55  he, or another participant, if there be  any,  causes  the  death  of  a
    56  person  other  than  one  of the participants; except that in any prose-

        A. 8935                             3
 
     1  cution under this subdivision, in which the defendant was not  the  only
     2  participant  in  the underlying crime, it is an affirmative defense that
     3  the defendant:
     4    §  7.  Subparagraph (vii) of paragraph (a) of subdivision 1 of section
     5  125.27 of the penal law, as amended by chapter 264 of the laws of  2003,
     6  is amended to read as follows:
     7    (vii)  the  victim was killed while the defendant was in the course of
     8  committing or attempting  to  commit  and  in  furtherance  of  robbery,
     9  burglary  in  the first degree or second degree, kidnapping in the first
    10  degree, arson in the first degree or second degree, rape  in  the  first
    11  degree,  criminal  sexual  act  in the first degree, sexual abuse in the
    12  first degree, aggravated sexual abuse in the first degree, serial sexual

    13  assault or escape in the first degree, or in the course of and  further-
    14  ance  of  immediate  flight after committing or attempting to commit any
    15  such crime or in the course of and furtherance of immediate flight after
    16  attempting to commit the crime of murder in the second degree;  provided
    17  however,  the  victim  is not a participant in one of the aforementioned
    18  crimes and, provided  further  that,  unless  the  defendant's  criminal
    19  liability  under  this  subparagraph  is based upon the defendant having
    20  commanded another person to cause the death of the  victim  or  intended
    21  victim  pursuant  to  section  20.00  of this chapter, this subparagraph
    22  shall not apply where the defendant's criminal liability is  based  upon
    23  the conduct of another pursuant to section 20.00 of this chapter; or
    24    § 8. This act shall take effect on the first of November next succeed-

    25  ing the date on which it shall have become a law.
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