Bill Text: NY S02527 | 2011-2012 | General Assembly | Introduced
Bill Title: Makes the commission of rape, a criminal sexual act, aggravated sexual abuse or course of sexual conduct against a child less than 12 years of age or against a child less than 14 years of age by a person 21 years old or more a class A-I felony punishable by a term of imprisonment of 25 years to life; eliminates references to such offenses in less severe crimes; includes such offenses within murder in the second degree for purposes of sentencing to life imprisonment without parole for murder committed in the course of committing such sex offenses against a child; designates such sex offenses against a child as sexually violent offenses for the purposes of sex offender registration; requires every sex offender convicted of such an offense to be subject to lifetime electronic monitoring by the division of criminal justice services upon release from prison.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S02527 Detail]
Download: New_York-2011-S02527-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2527 2011-2012 Regular Sessions I N S E N A T E January 25, 2011 ___________ Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the correction law, in relation to sex offenses committed against children under 12 years of age and sex offenses committed by persons 21 years old or older against children under 14 years of age; to amend the correction law, in relation to requiring electronic monitoring of sex offenders convicted of such offenses against a child; to repeal subdivision 3 of section 130.35 of the penal law relating to rape of a child less than 11 years old; and to repeal subdivision 3 of section 130.50 of the penal law relating to a criminal sexual act with a child less than 11 years old THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subparagraph (i) 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 (i) For a class A-I felony, such minimum period shall not be less than 5 fifteen years nor more than twenty-five years; provided, however, that 6 (A) where a sentence, other than a sentence of death or life imprison- 7 ment without parole, is imposed upon a defendant convicted of murder in 8 the first degree as defined in section 125.27 of this chapter such mini- 9 mum period shall be not less than twenty years nor more than twenty-five 10 years, and, (B) where a sentence is imposed upon a defendant convicted 11 of murder in the second degree as defined in subdivision five of section 12 125.25 of this chapter or convicted of aggravated murder as defined in 13 section 125.26 of this chapter, the sentence shall be life imprisonment 14 without parole, and, (C) where a sentence is imposed upon a defendant 15 convicted of attempted murder in the first degree as defined in article 16 one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of 17 paragraph (a) of subdivision one and paragraph (b) of subdivision one of 18 section 125.27 of this chapter or attempted aggravated murder as defined EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05774-01-1 S. 2527 2 1 in article one hundred ten of this chapter and section 125.26 of this 2 chapter such minimum period shall be not less than twenty years nor more 3 than forty years, AND, (D) WHERE A SENTENCE IS IMPOSED UPON A DEFENDANT 4 CONVICTED OF RAPE OF A CHILD AS DEFINED IN SECTION 130.36, CRIMINAL 5 SEXUAL ACT AGAINST A CHILD AS DEFINED IN SECTION 130.51, AGGRAVATED 6 SEXUAL ABUSE OF A CHILD AS DEFINED IN SECTION 130.71 OR AGGRAVATED 7 COURSE OF SEXUAL CONDUCT AGAINST A CHILD AS DEFINED IN SECTION 130.81 OF 8 THIS CHAPTER SUCH MINIMUM PERIOD SHALL BE TWENTY YEARS. 9 S 2. Subdivision 5 of section 125.25 of the penal law, as amended by 10 chapter 320 of the laws of 2006, is amended to read as follows: 11 5. Being eighteen years old or more, while in the course of committing 12 rape in the first, second or third degree, criminal sexual act in the 13 first, second or third degree, sexual abuse in the first degree, RAPE OF 14 A CHILD, CRIMINAL SEXUAL ACT AGAINST A CHILD, AGGRAVATED SEXUAL ABUSE OF 15 A CHILD, AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A CHILD, aggravated 16 sexual abuse in the first, second, third or fourth degree, or incest in 17 the first, second or third degree, against a person less than fourteen 18 years old, he or she intentionally causes the death of such person. 19 S 3. Subdivision 3 of section 130.35 of the penal law is REPEALED. 20 S 4. The penal law is amended by adding a new section 130.36 to read 21 as follows: 22 S 130.36 RAPE OF A CHILD. 23 A PERSON IS GUILTY OF RAPE OF A CHILD WHEN: 24 1. HE OR SHE ENGAGES IN SEXUAL INTERCOURSE WITH ANOTHER PERSON WHO IS 25 LESS THAN TWELVE YEARS OLD; OR 26 2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN SEXUAL 27 INTERCOURSE WITH ANOTHER PERSON LESS THAN FOURTEEN YEARS OLD. 28 RAPE OF A CHILD IS A CLASS A-I FELONY. 29 S 5. Subdivision 3 of section 130.50 of the penal law is REPEALED. 30 S 6. The penal law is amended by adding a new section 130.51 to read 31 as follows: 32 S 130.51 CRIMINAL SEXUAL ACT AGAINST A CHILD. 33 A PERSON IS GUILTY OF CRIMINAL SEXUAL ACT AGAINST A CHILD WHEN: 34 1. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT 35 WITH ANOTHER PERSON WHO IS LESS THAN TWELVE YEARS OLD; OR 36 2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL SEXU- 37 AL CONDUCT OR ANAL SEXUAL CONDUCT WITH ANOTHER PERSON WHO IS LESS THAN 38 FOURTEEN YEARS OLD. 39 CRIMINAL SEXUAL ACT AGAINST A CHILD IS A CLASS A-I FELONY. 40 S 7. Subdivision 1 of section 130.70 of the penal law, as amended by 41 chapter 450 of the laws of 1988, the opening paragraph as amended by 42 chapter 485 of the laws of 2009, is amended to read as follows: 43 1. A person is guilty of aggravated sexual abuse in the first degree 44 when he or she inserts a foreign object in the vagina, urethra, penis, 45 rectum or anus of another person causing physical injury to such person: 46 (a) By forcible compulsion; or 47 (b) When the other person is incapable of consent by reason of being 48 physically helpless[; or 49 (c) When the other person is less than eleven years old]. 50 S 8. The penal law is amended by adding a new section 130.71 to read 51 as follows: 52 S 130.71 AGGRAVATED SEXUAL ABUSE OF A CHILD. 53 1. A PERSON IS GUILTY OF AGGRAVATED SEXUAL ABUSE OF A CHILD WHEN: 54 (A) HE OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA, URETHRA, PENIS, 55 RECTUM OR ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON 56 WHEN SUCH OTHER PERSON IS LESS THAN TWELVE YEARS OLD; OR S. 2527 3 1 (B) BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE INSERTS A FOREIGN 2 OBJECT IN THE VAGINA, URETHRA, PENIS, RECTUM OR ANUS OF ANOTHER PERSON 3 CAUSING PHYSICAL INJURY TO SUCH PERSON WHEN SUCH OTHER PERSON IS LESS 4 THAN FOURTEEN YEARS OLD. 5 2. CONDUCT PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE THE 6 PROVISIONS OF THIS SECTION. 7 AGGRAVATED SEXUAL ABUSE OF A CHILD IS A CLASS A-I FELONY. 8 S 9. Subdivision 1 of section 130.75 of the penal law, as amended by 9 chapter 1 of the laws of 2000, paragraphs (a) and (b) as amended by 10 chapter 264 of the laws of 2003, is amended to read as follows: 11 1. A person is guilty of course of sexual conduct against a child in 12 the first degree when, over a period of time not less than three months 13 in duration[: 14 (a) he or she engages in two or more acts of sexual conduct, which 15 includes at least one act of sexual intercourse, oral sexual conduct, 16 anal sexual conduct or aggravated sexual contact, with a child less than 17 eleven years old; or 18 (b)], he or she, being eighteen years old or more, engages in two or 19 more acts of sexual conduct, which include at least one act of sexual 20 intercourse, oral sexual conduct, anal sexual conduct or aggravated 21 sexual contact, with a child less than thirteen years old. 22 S 10. The penal law is amended by adding a new section 130.81 to read 23 as follows: 24 S 130.81 AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A CHILD. 25 1. A PERSON IS GUILTY OF AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A 26 CHILD WHEN, OVER A PERIOD OF TIME NOT LESS THAN THREE MONTHS IN DURA- 27 TION: 28 (A) HE OR SHE ENGAGES IN TWO OR MORE ACTS OF SEXUAL CONDUCT, WHICH 29 INCLUDES AT LEAST ONE ACT OF SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, 30 ANAL SEXUAL CONDUCT OR AGGRAVATED SEXUAL CONTACT, WITH A CHILD LESS THAN 31 TWELVE YEARS OLD; OR 32 (B) HE OR SHE, BEING TWENTY-ONE YEARS OLD OR MORE, ENGAGES IN TWO OR 33 MORE ACTS OF SEXUAL CONDUCT, WHICH INCLUDES AT LEAST ONE ACT OF SEXUAL 34 INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT OR AGGRAVATED 35 SEXUAL CONTACT, WITH A CHILD LESS THAN FOURTEEN YEARS OLD. 36 2. A PERSON MAY NOT BE SUBSEQUENTLY PROSECUTED FOR ANY OTHER SEXUAL 37 OFFENSE INVOLVING THE SAME VICTIM UNLESS THE OTHER CHARGED OFFENSE 38 OCCURRED OUTSIDE THE TIME PERIOD CHARGED UNDER THIS SECTION. 39 AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A CHILD IS A CLASS A-I 40 FELONY. 41 S 11. Subparagraph (i) of paragraph (a) of subdivision 3 of section 42 168-a of the correction law, as amended by chapter 107 of the laws of 43 2006, is amended to read as follows: 44 (i) a conviction of or a conviction for an attempt to commit any of 45 the provisions of sections 130.35, 130.36, 130.50, 130.51, 130.65, 46 130.66, 130.67, 130.70, 130.71, 130.75, 130.80, 130.81, 130.95 and 47 130.96 of the penal law, or 48 S 12. Section 168-w of the correction law, as relettered by chapter 49 604 of the laws of 2005, is relettered 168-x and a new section 168-w is 50 added to read as follows: 51 S 168-W. ELECTRONIC MONITORING OF CERTAIN SEX OFFENDERS. 1. ANY SEX 52 OFFENDER HAVING BEEN CONVICTED OF RAPE OF A CHILD AS DEFINED IN SECTION 53 130.36, CRIMINAL SEXUAL ACT AGAINST A CHILD AS DEFINED IN SECTION 54 130.51, AGGRAVATED SEXUAL ABUSE OF A CHILD AS DEFINED IN SECTION 130.71 55 OR AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A CHILD AS DEFINED IN S. 2527 4 1 SECTION 130.81 OF THE PENAL LAW SHALL BE PLACED ON ELECTRONIC MONITORING 2 FOR LIFE. 3 2. THE DIVISION SHALL ESTABLISH A SYSTEM OF ACTIVE ELECTRONIC MONITOR- 4 ING THAT IDENTIFIES THE LOCATION OF A SEX OFFENDER REQUIRED TO BE MONI- 5 TORED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THAT CAN PRODUCE, 6 UPON REQUEST, REPORTS OR RECORDS OF THE SEX OFFENDER'S PRESENCE NEAR OR 7 WITHIN A CRIME SCENE OR PROHIBITED AREA OR THE SEX OFFENDER'S DEPARTURE 8 FROM SPECIFIED GEOGRAPHIC LIMITATIONS. 9 3. THE DIVISION SHALL ALSO PROMULGATE REGULATIONS IMPLEMENTING THE 10 IMPOSITION AND COLLECTION OF FEES RELATED TO ELECTRONIC MONITORING 11 PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL UTILIZE A MEANS TEST 12 BASED ON TWO HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES PROMUL- 13 GATED ANNUALLY BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES 14 AND IF THE SEX OFFENDER FALLS BELOW SUCH PERCENTAGE THEN NO FEE SHALL BE 15 CHARGED, AND EARNINGS ABOVE SUCH PERCENTAGE SHALL BE CONSIDERED ON A 16 SLIDING SCALE. SUCH REGULATIONS SHALL ALSO PROVIDE THAT THE DIVISION OF 17 PAROLE CONSIDER ANY ADDITIONAL TEST OR INDICIA THAT DEMONSTRATES THE 18 INABILITY OF THE SEX OFFENDER TO PAY SUCH FEES. EMPLOYEES OF THE DIVI- 19 SION OF PAROLE SHALL BE PROHIBITED FROM COLLECTING ELECTRONIC MONITORING 20 RELATED FEES. 21 4. ANY SEX OFFENDER REQUIRED TO BE ELECTRONICALLY MONITORED PURSUANT 22 TO THE PROVISIONS OF THIS SECTION WHO VIOLATES SUCH REQUIREMENT SHALL BE 23 GUILTY OF A CLASS E FELONY UPON CONVICTION FOR THE FIRST OFFENSE, AND 24 UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A 25 CLASS D FELONY. ANY SUCH VIOLATION MAY ALSO BE THE BASIS FOR REVOCATION 26 OF PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE 27 LAW. 28 S 13. This act shall take effect immediately and shall apply to 29 offenses committed on or after such effective date; furthermore all 30 offenses committed prior to such effective date shall be governed by the 31 provisions of law in effect immediately before such date.