Bill Text: NY S00231 | 2021-2022 | General Assembly | Introduced

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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) 2022-01-05 - REFERRED TO CODES [S00231 Detail]

Download: New_York-2021-S00231-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           231

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen. TEDISCO -- 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 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03465-01-1
        S. 231                              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 and the maximum term shall be life imprisonment.
     4    §  3.  Subdivision  1  of section 70.40 of the penal law is amended by
     5  adding a new paragraph (d) to read as follows:
     6    (d) A person who has been paroled after serving a sentence  of  impri-
     7  sonment  for  the  crime  of predatory sexual assault against a child as
     8  defined in section 130.96 of this chapter shall be under the supervision
     9  of the state board of parole for the duration of their lifetime.
    10    § 4. This act shall take effect on the first of November next succeed-
    11  ing the date on which it shall have become a law.