Bill Text: NY A10262 | 2017-2018 | General Assembly | Introduced

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Bill Title: Enacts "Jessica Lunsford act" relating to enhancing the class A-II felony of predatory sexual assault against a child by expanding the acts to which such offense applies; establishes a mandatory sentence of 25 years to life term of imprisonment; requires electronic monitoring of inmates upon release from prison.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-03-27 - referred to codes [A10262 Detail]

Download: New_York-2017-A10262-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10262
                   IN ASSEMBLY
                                     March 27, 2018
                                       ___________
        Introduced  by M. of A. BYRNE -- read once and referred to the Committee
          on Codes
        AN ACT to amend the penal law and the  executive  law,  in  relation  to
          enacting  the  "Jessica  Lunsford  act"  relating  to 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.  Short  title. This act shall be known and may be cited as
     2  the "Jessica Lunsford act".
     3    § 2. Subparagraph (ii) of paragraph (a) of subdivision  3  of  section
     4  70.00  of  the penal law, as amended by chapter 107 of the laws of 2006,
     5  is amended to read as follows:
     6    (ii) For a class A-II felony, such minimum period shall  not  be  less
     7  than  three years nor more than eight years four months, except that for
     8  the class A-II felony of predatory sexual assault as defined in  section
     9  130.95  of  this  chapter  [or the class A-II felony of predatory sexual
    10  assault against a child as defined in section 130.96 of  this  chapter],
    11  such minimum period shall be not less than ten years nor more than twen-
    12  ty-five  years,  and  except that for the class A-II felony of predatory
    13  sexual assault against a child as defined  in  section  130.96  of  this
    14  chapter, such minimum period shall be twenty-five years.
    15    § 3. Paragraph (a) of subdivision 4 of section 70.06 of the penal law,
    16  as  amended  by  chapter  107 of the laws of 2006, is amended to read as
    17  follows:
    18    (a) The minimum period of imprisonment for a  second  felony  offender
    19  convicted  of  a class A-II felony must be fixed by the court at no less
    20  than six years and not to exceed twelve and one-half years and  must  be
    21  specified  in  the  sentence,  except  that for the class A-II felony of
    22  predatory sexual assault as defined in section 130.95  of  this  chapter
    23  [or the class A-II felony of predatory sexual assault against a child as
    24  defined in section 130.96 of this chapter], such minimum period shall be
    25  not less than ten years nor more than twenty-five years, and except that
    26  for the class A-II felony of predatory sexual assault against a child as
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05754-01-7
        A. 10262                            2
     1  defined  in section 130.96 of this chapter, such minimum period shall be
     2  twenty-five years.
     3    §  4.  Section 130.96 of the penal law, as added by chapter 107 of the
     4  laws of 2006, is amended to read as follows:
     5  § 130.96 Predatory sexual assault against a child.
     6    A person is guilty of predatory sexual assault against a  child  when,
     7  being eighteen years old or more, he or she commits the crime of rape in
     8  the  first  degree,  criminal sexual act in the first degree, aggravated
     9  sexual abuse in the first degree, or course of sexual conduct against  a
    10  child  in  the first degree, as defined in this article, [and the victim
    11  is less than thirteen years old.] when:
    12    1. The victim of such crime is a child less than thirteen  years  old;
    13  or
    14    2.  The  victim  of such crime is a child not less than thirteen years
    15  old, nor more than sixteen years old, and
    16    (a) the actor is related to such victim by blood or  affinity  to  the
    17  third degree, or
    18    (b)  the  actor  has  supervisory  or disciplinary authority over such
    19  victim by virtue of his  or  her  legal,  professional  or  occupational
    20  status, or
    21    (c)  the actor is the parent or guardian of such victim, or in a posi-
    22  tion of loco parentis to such victim; or
    23    3. The victim of such crime is a child less than eighteen  years  old,
    24  and  such  crime is committed, acting alone or with one or more persons,
    25  during the commission or  attempted  commission  of  burglary,  robbery,
    26  arson, kidnapping, criminal escape or a sex offense; or
    27    4.  The  victim of such crime is a child less than eighteen years old,
    28  and the actor during the course of such crime is armed with a weapon, or
    29  dangerous instrument, or displays what appears to the  victim  to  be  a
    30  weapon  or  dangerous  instrument,  or  threatens the use of a weapon or
    31  dangerous instrument; or
    32    5. The victim of such crime is a child less than eighteen  years  old,
    33  and  the  actor,  aided or abetted by one or more persons, uses physical
    34  force or threatens the use of physical force against the victim; or
    35    6. The victim of such crime is a child less than  eighteen  years  old
    36  who sustains serious physical injury during the course of such crime; or
    37    7.  The  victim  of such crime is a child less than eighteen years old
    38  who is mentally disabled, mentally incapacitated or physically helpless,
    39  and the actor knew or should have known that such  victim  was  mentally
    40  disabled, mentally incapacitated or physically helpless.
    41    Predatory sexual assault against a child is a class A-II felony.
    42    §  5.  Section  259-c  of the executive law is amended by adding a new
    43  subdivision 14-a to read as follows:
    44    14-a. notwithstanding any other provision  of  law  to  the  contrary,
    45  where a person serving a sentence for predatory sexual assault against a
    46  child,  as  defined  in  section 130.96 of the penal law, is released on
    47  parole or conditionally released pursuant to subdivision one or  two  of
    48  this  section, the board shall require, as a mandatory condition of such
    49  release, that such person submit to the use of an electronic  monitoring
    50  or  global  position  satellite  tracking  device monitored by the board
    51  throughout the period of such release or such person's  life,  whichever
    52  shall terminate earlier.
    53    § 6. This act shall take effect on the first of November next succeed-
    54  ing the date on which it shall have become a law.