Bill Text: NY A09091 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Relates to the penalty for the offense of predatory sexual assault against a child; provides for lifetime parole for such felons.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-04-25 - held for consideration in codes [A09091 Detail]

Download: New_York-2021-A09091-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9091

                   IN ASSEMBLY

                                    January 31, 2022
                                       ___________

        Introduced by M. of A. LAWLER -- 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
    26  in section 130.96 of this chapter such minimum period shall be not  less
    27  than twenty-five years and the maximum term shall be life imprisonment.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03465-01-1
        A. 9091                             2

     1    §  3.  Subdivision  1  of section 70.40 of the penal law is amended by
     2  adding a new paragraph (d) to read as follows:
     3    (d)  A  person who has been paroled after serving a sentence of impri-
     4  sonment for the crime of predatory sexual assault  against  a  child  as
     5  defined in section 130.96 of this chapter shall be under the supervision
     6  of the state board of parole for the duration of their lifetime.
     7    § 4. This act shall take effect on the first of November next succeed-
     8  ing the date on which it shall have become a law.