STATE OF NEW YORK
________________________________________________________________________
5789
2025-2026 Regular Sessions
IN ASSEMBLY
February 20, 2025
___________
Introduced by M. of A. CHLUDZINSKI -- read once and referred 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.
LBD05399-02-5
A. 5789 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.
