Bill Text: NY S00211 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to terms of imprisonment and electronic monitoring of persons convicted of predatory sexual assault against a child.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CODES [S00211 Detail]
Download: New_York-2015-S00211-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 211 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sen. MARTINS -- 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 terms of imprisonment and electronic monitoring of persons convicted 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. 13 S 2. Paragraph (a) of subdivision 4 of section 70.06 of the penal law, 14 as amended by chapter 107 of the laws of 2006, is amended to read as 15 follows: 16 (a) The minimum period of imprisonment for a second felony offender 17 convicted of a class A-II felony must be fixed by the court at [no] NOT 18 less than six years and not to exceed twelve and one-half years and must 19 be specified in the sentence, except that for the class A-II felony of 20 predatory sexual assault as defined in section 130.95 of this chapter 21 [or the class A-II felony of predatory sexual assault against a child as 22 defined in section 130.96 of this chapter], such minimum period shall be 23 not less than ten years nor more than twenty-five years, AND FOR THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02188-01-5 S. 211 2 1 CLASS A-II FELONY OF PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS DEFINED 2 IN SECTION 130.96 OF THIS CHAPTER, SUCH MINIMUM PERIOD SHALL BE NOT LESS 3 THAN TWENTY-FIVE YEARS. 4 S 3. Subdivision 4 of section 65.10 of the penal law, as amended by 5 section 46 of part A of chapter 56 of the laws of 2010, is amended to 6 read as follows: 7 4. Electronic monitoring. (A) When imposing a sentence of probation 8 the court may, in addition to any conditions imposed pursuant to subdi- 9 visions two and three of this section, require the defendant to submit 10 to the use of an electronic monitoring device and/or to follow a sched- 11 ule that governs the defendant's daily movement. Such condition may be 12 imposed only where the court, in its discretion, determines that requir- 13 ing the defendant to comply with such condition will advance public 14 safety, probationer control or probationer surveillance. Electronic 15 monitoring shall be used in accordance with uniform procedures developed 16 by the office of probation and correctional alternatives. 17 (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- 18 SION, WHEN IMPOSING A SENTENCE OF PROBATION UPON A PERSON CONVICTED OF 19 PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS DEFINED IN SECTION 130.96 OF 20 THIS CHAPTER, IT SHALL BE MANDATORY FOR THE DEFENDANT TO SUBMIT TO THE 21 USE OF AN ELECTRONIC MONITORING DEVICE IN ACCORDANCE WITH UNIFORM PROCE- 22 DURES DEVELOPED BY THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNA- 23 TIVES. 24 S 4. This act shall take effect on the one hundred eightieth day after 25 it shall have become a law.