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S00612 Summary:

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S00612 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           612
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sens. GIANARIS, ADAMS, ADDABBO, AVELLA, CARLUCCI, DILAN,
          KENNEDY, STAVISKY -- 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 excluding any time during

          which a person was incarcerated from the ten year period  relevant  to
          the definition of the crime of persistent sexual abuse
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Section 130.53 of the penal law, as amended by chapter 264
     2  of the laws of 2003, is amended to read as follows:
     3  § 130.53 Persistent sexual abuse.
     4    A person is guilty of persistent sexual abuse when he or  she  commits
     5  the  crime  of  forcible  touching, as defined in section 130.52 of this
     6  article, sexual abuse in the third degree, as defined in section  130.55
     7  of  this  article,  or  sexual abuse in the second degree, as defined in
     8  section 130.60 of this article, and, within the previous ten year  peri-
     9  od, excluding any time during which such person was incarcerated for any

    10  reason, has been convicted two or more times, in separate criminal tran-
    11  sactions for which sentence was imposed on separate occasions, of forci-
    12  ble touching, as defined in section 130.52 of this article, sexual abuse
    13  in the third degree as defined in section 130.55 of this article, sexual
    14  abuse  in  the second degree, as defined in section 130.60 of this arti-
    15  cle, or any offense defined in this article, of which the commission  or
    16  attempted commission thereof is a felony.
    17    Persistent sexual abuse is a class E felony.
    18    § 2. This act shall take effect on the first of November next succeed-
    19  ing the date on which it shall have become a law.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

                                                                   LBD01842-01-3