Increases the penalty for predatory sexual assault against a child to imprisonment for a minimum of twenty-five years; re-classifies such crime as a class A felony.
STATE OF NEW YORK
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11157
IN ASSEMBLY
December 4, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to increasing the penalty for
predatory sexual assault against a child to imprisonment for a minimum
of twenty-five years
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 130.96 of the penal law, as added by chapter 107 of
2 the laws of 2006, is amended to read as follows:
3 § 130.96 Predatory sexual assault against a child.
4 A person is guilty of predatory sexual assault against a child when,
5 being eighteen years old or more, he or she commits the crime of rape in
6 the first degree, criminal sexual act in the first degree, aggravated
7 sexual abuse in the first degree, or course of sexual conduct against a
8 child in the first degree, as defined in this article, and the victim is
9 less than thirteen years old.
10 Predatory sexual assault against a child is a class [A-II] A felony.
11 § 2. Paragraph (a) of subdivision 3 of section 70.00 of the penal law,
12 as amended by chapter 107 of the laws of 2006, is amended to read as
13 follows:
14 (a) In the case of a class A felony, the minimum period shall be fixed
15 by the court and specified in the sentence, except that for the class A
16 felony of predatory sexual assault against a child as defined in section
17 130.96 of this chapter, such minimum period shall be not less than twen-
18 ty-five years nor more than life imprisonment.
19 (i) For a class A-I felony, such minimum period shall not be less than
20 fifteen years nor more than twenty-five years; provided, however, that
21 (A) where a sentence, other than a sentence of death or life imprison-
22 ment without parole, is imposed upon a defendant convicted of murder in
23 the first degree as defined in section 125.27 of this chapter such mini-
24 mum period shall be not less than twenty years nor more than twenty-five
25 years, and, (B) where a sentence is imposed upon a defendant convicted
26 of murder in the second degree as defined in subdivision five of section
27 125.25 of this chapter or convicted of aggravated murder as defined in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17383-02-0
A. 11157 2
1 section 125.26 of this chapter, the sentence shall be life imprisonment
2 without parole, and, (C) where a sentence is imposed upon a defendant
3 convicted of attempted murder in the first degree as defined in article
4 one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of
5 paragraph (a) of subdivision one and paragraph (b) of subdivision one of
6 section 125.27 of this chapter or attempted aggravated murder as defined
7 in article one hundred ten of this chapter and section 125.26 of this
8 chapter such minimum period shall be not less than twenty years nor more
9 than forty years.
10 (ii) For a class A-II felony, such minimum period shall not be less
11 than three years nor more than eight years four months, except that for
12 the class A-II felony of predatory sexual assault as defined in section
13 130.95 of this chapter [or the class A-II felony of predatory sexual
14 assault against a child as defined in section 130.96 of this chapter],
15 such minimum period shall be not less than ten years nor more than twen-
16 ty-five years.
17 § 3. Paragraph (a) of subdivision 4 of section 70.06 of the penal law,
18 as amended by chapter 107 of the laws of 2006, is amended to read as
19 follows:
20 (a) The minimum period of imprisonment for a second felony offender
21 convicted of a class A-II felony must be fixed by the court at no less
22 than six years and not to exceed twelve and one-half years and must be
23 specified in the sentence, except that for the class A-II felony of
24 predatory sexual assault as defined in section 130.95 of this chapter
25 [or the class A-II felony of predatory sexual assault against a child as
26 defined in section 130.96 of this chapter], such minimum period shall be
27 not less than ten years nor more than twenty-five years.
28 § 4. Paragraph (a) of subdivision 3 of section 70.08 of the penal law,
29 as amended by section 7 of chapter 107 of the laws of 2006, is amended
30 to read as follows:
31 (a) For the class A-II felony of predatory sexual assault as defined
32 in section 130.95 of this chapter [or the class A-II felony of predatory
33 sexual assault against a child as defined in section 130.96 of this
34 chapter], the minimum period must be twenty-five years;
35 § 5. Paragraph (a) of subdivision 3 of section 70.08 of the penal law,
36 as amended by section 8 of chapter 107 of the laws of 2006, is amended
37 to read as follows:
38 (a) For the class A-II felony of predatory sexual assault as defined
39 in section 130.95 of this chapter [or the class A-II felony of predatory
40 sexual assault against a child as defined in section 130.96 of this
41 chapter], the minimum period must be twenty-five years;
42 § 6. Subdivision 3 of section 70.80 of the penal law, as added by
43 chapter 7 of the laws of 2007, is amended to read as follows:
44 3. Except as provided by subdivision four, five, six, seven or eight
45 of this section, or when a defendant is being sentenced for a conviction
46 of the class A-II [felonies] felony of predatory sexual assault [and
47 predatory sexual assault against a child] as defined in [sections]
48 section 130.95 [and 130.96] of this chapter, [or] for any class A-I
49 sexually motivated felony for which a life sentence or a life without
50 parole sentence must be imposed, or for the class A felony of predatory
51 sexual assault against a child, a sentence imposed upon a defendant
52 convicted of a felony sex offense shall be a determinate sentence. The
53 determinate sentence shall be imposed by the court in whole or half
54 years, and shall include as a part thereof a period of post-release
55 supervision in accordance with subdivision two-a of section 70.45 of
56 this article. Persons eligible for sentencing under section 70.07 of
A. 11157 3
1 this article governing second child sexual assault felonies shall be
2 sentenced under such section and paragraph (j) of subdivision two-a of
3 section 70.45 of this article.
4 § 7. This act shall take effect on the first of November next succeed-
5 ing the date on which it shall have become a law; provided that the
6 amendments to paragraph (a) of subdivision 3 of section 70.08 of the
7 penal law made by section four of this act shall be subject to the expi-
8 ration and reversion of such subdivision pursuant to section 74 of chap-
9 ter 3 of the laws of 1995, as amended, when upon such date the
10 provisions of section five of this act shall take effect.
