STATE OF NEW YORK
________________________________________________________________________
5610
2013-2014 Regular Sessions
IN SENATE
May 24, 2013
___________
Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to sentence of imprisonment
for the offense of 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. Subparagraph (ii) 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 (ii) For a class A-II felony, such minimum period shall not be less
5 than three years nor more than eight years four months, except that for
6 the class A-II felony of predatory sexual assault as defined in section
7 130.95 of this chapter [or the class A-II felony of predatory sexual
8 assault against a child as defined in section 130.96 of this chapter,]
9 such minimum period shall be not less than ten years nor more than twen-
10 ty-five years and for the class A-II felony of predatory sexual assault
11 against a child as defined in section 130.96 of this chapter such mini-
12 mum period shall be not less than twenty-five years and the maximum term
13 shall be life imprisonment.
14 § 2. Paragraph (a) of subdivision 4 of section 70.06 of the penal law,
15 as amended by chapter 107 of the laws of 2006, is amended to read as
16 follows:
17 (a) The minimum period of imprisonment for a second felony offender
18 convicted of a class A-II felony must be fixed by the court at no less
19 than six years and not to exceed twelve and one-half years and must be
20 specified in the sentence, except that for the class A-II felony of
21 predatory sexual assault as defined in section 130.95 of this chapter
22 [or the class A-II felony of predatory sexual assault against a child as
23 defined in section 130.96 of this chapter,] such minimum period shall be
24 not less than ten years nor more than twenty-five years and for the
25 class A-II felony of predatory sexual assault against a child as defined
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08099-01-3
S. 5610 2
1 in section 130.96 of this chapter such minimum period shall be not less
2 than twenty-five years and the maximum term shall be life imprisonment.
3 § 3. Subdivision 1 of section 70.40 of the penal law is amended by
4 adding a new paragraph (d) to read as follows:
5 (d) A person who has been paroled after serving a sentence of impri-
6 sonment for the crime of predatory sexual assault against a child as
7 defined in section 130.96 of this chapter shall be under the supervision
8 of the state board of parole for the duration of their lifetime.
9 § 4. This act shall take effect on the first of November next succeed-
10 ing the date on which it shall have become a law.
