Bill Text: NY S06169 | 2017-2018 | General Assembly | Amended
Bill Title: Redesignates certain sex, prostitution, obscenity and sexual performance offenses committed against a child as class A-I felonies with a sentence of life imprisonment without parole.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-14 - PRINT NUMBER 6169A [S06169 Detail]
Download: New_York-2017-S06169-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6169--A 2017-2018 Regular Sessions IN SENATE May 11, 2017 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to sex offenses, prostitution offenses, obscenity offenses and sexual performance by a child offense committed against a minor 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 19 in article one hundred ten of this chapter and section 125.26 of this 20 chapter such minimum period shall be not less than twenty years nor more 21 than forty years, and, (D) where a sentence is imposed upon a defendant EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11610-02-8S. 6169--A 2 1 convicted of rape of a child as defined in section 130.36 of this chap- 2 ter, convicted of criminal sexual act against a child as defined in 3 section 130.51 of this chapter, convicted of sexual abuse of a child as 4 defined in section 130.64 of this chapter, convicted of aggravated sexu- 5 al abuse of a child as defined in section 130.71 of this chapter, 6 convicted of course of sexual conduct against a child in the first 7 degree as defined in section 130.75 of this chapter, convicted of course 8 of sexual conduct against a child in the second degree as defined in 9 section 130.80 of this chapter, convicted of predatory sexual assault 10 against a child as defined in section 130.96 of this chapter, convicted 11 of patronizing a person for prostitution in the first degree as defined 12 in section 230.06 of this chapter, convicted of aggravated patronizing a 13 minor for prostitution in the first degree as defined in section 230.13 14 of this chapter, convicted of promoting prostitution in the first degree 15 as defined in section 230.32 of this chapter, convicted of compelling 16 prostitution as defined in section 230.33 of this chapter, convicted of 17 disseminating indecent material to minors in the first degree as defined 18 in section 235.22 of this chapter, convicted of use of a child in a 19 sexual performance as defined in section 263.05 of this chapter or 20 convicted of facilitating a sexual performance by a child with a 21 controlled substance or alcohol as defined in section 263.30 of this 22 chapter, the sentence shall be life imprisonment without parole. 23 § 2. Subdivision 5 of section 70.00 of the penal law, as amended by 24 chapter 482 of the laws of 2009, is amended to read as follows: 25 5. Life imprisonment without parole. Notwithstanding any other 26 provision of law, a defendant sentenced to life imprisonment without 27 parole shall not be or become eligible for parole or conditional 28 release. For purposes of commitment and custody, other than parole and 29 conditional release, such sentence shall be deemed to be an indetermi- 30 nate sentence. A defendant may be sentenced to life imprisonment with- 31 out parole upon conviction for the crime of murder in the first degree 32 as defined in section 125.27 of this chapter and in accordance with the 33 procedures provided by law for imposing a sentence for such crime. A 34 defendant must be sentenced to life imprisonment without parole upon 35 conviction for the crime of terrorism as defined in section 490.25 of 36 this chapter, where the specified offense the defendant committed is a 37 class A-I felony; the crime of criminal possession of a chemical weapon 38 or biological weapon in the first degree as defined in section 490.45 of 39 this chapter; or the crime of criminal use of a chemical weapon or 40 biological weapon in the first degree as defined in section 490.55 of 41 this chapter; provided, however, that nothing in this subdivision shall 42 preclude or prevent a sentence of death when the defendant is also 43 convicted of the crime of murder in the first degree as defined in 44 section 125.27 of this chapter. A defendant must be sentenced to life 45 imprisonment without parole upon conviction for the crime of murder in 46 the second degree as defined in subdivision five of section 125.25 of 47 this chapter or for the crime of aggravated murder as defined in subdi- 48 vision one of section 125.26 of this chapter. A defendant may be 49 sentenced to life imprisonment without parole upon conviction for the 50 crime of aggravated murder as defined in subdivision two of section 51 125.26 of this chapter. A defendant must be sentenced to life imprison- 52 ment without parole upon conviction for the crime of rape of a child as 53 defined in section 130.36 of this chapter, for the crime of criminal 54 sexual act against a child as defined in section 130.51 of this chapter, 55 for the crime of sexual abuse of a child as defined in section 130.64 of 56 this chapter, for the crime of aggravated sexual abuse of a child asS. 6169--A 3 1 defined in section 130.71 of this chapter, for the crime of course of 2 sexual conduct against a child in the first degree as defined in section 3 130.75 of this chapter, for the crime of course of sexual conduct 4 against a child in the second degree as defined in section 130.80 of 5 this chapter, for the crime of predatory sexual assault against a child 6 as defined in section 130.96 of this chapter, for the crime of patroniz- 7 ing a person for prostitution in the first degree as defined in section 8 230.06 of this chapter, for the crime of aggravated patronizing a minor 9 for prostitution in the first degree as defined in section 230.13 of 10 this chapter, for the crime of promoting prostitution in the first 11 degree as defined in section 230.32 of this chapter, for the crime of 12 compelling prostitution as defined in section 230.33 of this chapter, 13 for the crime of disseminating indecent material to minors in the first 14 degree as defined in section 235.22 of this chapter, for the crime of 15 use of a child in a sexual performance as defined in section 263.05 of 16 this chapter, or for the crime of facilitating a sexual performance by a 17 child with a controlled substance or alcohol as defined in section 18 263.30 of this chapter. 19 § 3. Subdivision 5 of section 70.00 of the penal law, as amended by 20 section 40-a of part WWW of chapter 59 of the laws of 2017, is amended 21 to read as follows: 22 5. Life imprisonment without parole. Notwithstanding any other 23 provision of law, a defendant sentenced to life imprisonment without 24 parole shall not be or become eligible for parole or conditional 25 release. For purposes of commitment and custody, other than parole and 26 conditional release, such sentence shall be deemed to be an indetermi- 27 nate sentence. A defendant may be sentenced to life imprisonment without 28 parole upon conviction for the crime of murder in the first degree as 29 defined in section 125.27 of this chapter and in accordance with the 30 procedures provided by law for imposing a sentence for such crime. A 31 defendant who was eighteen years of age or older at the time of the 32 commission of the crime must be sentenced to life imprisonment without 33 parole upon conviction for the crime of terrorism as defined in section 34 490.25 of this chapter, where the specified offense the defendant 35 committed is a class A-I felony; the crime of criminal possession of a 36 chemical weapon or biological weapon in the first degree as defined in 37 section 490.45 of this chapter; or the crime of criminal use of a chemi- 38 cal weapon or biological weapon in the first degree as defined in 39 section 490.55 of this chapter; provided, however, that nothing in this 40 subdivision shall preclude or prevent a sentence of death when the 41 defendant is also convicted of the crime of murder in the first degree 42 as defined in section 125.27 of this chapter. A defendant who was seven- 43 teen years of age or younger at the time of the commission of the crime 44 may be sentenced, in accordance with law, to the applicable indetermi- 45 nate sentence with a maximum term of life imprisonment. A defendant must 46 be sentenced to life imprisonment without parole upon conviction for the 47 crime of murder in the second degree as defined in subdivision five of 48 section 125.25 of this chapter or for the crime of aggravated murder as 49 defined in subdivision one of section 125.26 of this chapter. A defend- 50 ant may be sentenced to life imprisonment without parole upon conviction 51 for the crime of aggravated murder as defined in subdivision two of 52 section 125.26 of this chapter. A defendant must be sentenced to life 53 imprisonment without parole upon conviction for the crime of rape of a 54 child as defined in section 130.36 of this chapter, for the crime of 55 criminal sexual act against a child as defined in section 130.51 of this 56 chapter, for the crime of sexual abuse of a child as defined in sectionS. 6169--A 4 1 130.64 of this chapter, for the crime of aggravated sexual abuse of a 2 child as defined in section 130.71 of this chapter, for the crime of 3 course of sexual conduct against a child in the first degree as defined 4 in section 130.75 of this chapter, for the crime of course of sexual 5 conduct against a child in the second degree as defined in section 6 130.80 of this chapter, for the crime of predatory sexual assault 7 against a child as defined in section 130.96 of this chapter, for the 8 crime of patronizing a person for prostitution in the first degree as 9 defined in section 230.06 of this chapter, for the crime of aggravated 10 patronizing a minor for prostitution in the first degree as defined in 11 section 230.13 of this chapter, for the crime of promoting prostitution 12 in the first degree as defined in section 230.32 of this chapter, for 13 the crime of compelling prostitution as defined in section 230.33 of 14 this chapter, for the crime of disseminating indecent material to minors 15 in the first degree as defined in section 235.22 of this chapter, for 16 the crime of use of a child in a sexual performance as defined in 17 section 263.05 of this chapter, or for the crime of facilitating a sexu- 18 al performance by a child with a controlled substance or alcohol as 19 defined in section 263.30 of this chapter. 20 § 4. Section 130.35 of the penal law, as amended by chapter 1 of the 21 laws of 2000, is amended to read as follows: 22 § 130.35 Rape in the first degree. 23 A person is guilty of rape in the first degree when he or she engages 24 in sexual intercourse with another person: 25 1. By forcible compulsion; or 26 2. Who is incapable of consent by reason of being physically help- 27 less[; or283. Who is less than eleven years old; or294. Who is less than thirteen years old and the actor is eighteen years30old or more]. 31 Rape in the first degree is a class B felony. 32 § 5. The penal law is amended by adding a new section 130.36 to read 33 as follows: 34 § 130.36 Rape of a child. 35 A person is guilty of rape of a child when he or she engages in sexual 36 intercourse with another person: 37 1. Who is less than eleven years old; or 38 2. Who is less than thirteen years old and the actor is eighteen years 39 old or more. 40 Rape of a child is a class A-I felony. 41 § 6. Section 130.50 of the penal law, as amended by chapter 264 of the 42 laws of 2003, is amended to read as follows: 43 § 130.50 Criminal sexual act in the first degree. 44 A person is guilty of criminal sexual act in the first degree when he 45 or she engages in oral sexual conduct or anal sexual conduct with anoth- 46 er person: 47 1. By forcible compulsion; or 48 2. Who is incapable of consent by reason of being physically help- 49 less[; or503. Who is less than eleven years old; or514. Who is less than thirteen years old and the actor is eighteen years52old or more]. 53 Criminal sexual act in the first degree is a class B felony. 54 § 7. The penal law is amended by adding a new section 130.51 to read 55 as follows: 56 § 130.51 Criminal sexual act against a child.S. 6169--A 5 1 A person is guilty of criminal sexual act against a child when he or 2 she engages in oral sexual conduct or anal sexual conduct with another 3 person: 4 1. Who is less than eleven years old; or 5 2. Who is less than thirteen years old and the actor is eighteen years 6 old or more. 7 Criminal sexual act against a child is a class A-I felony. 8 § 8. Section 130.65 of the penal law, as amended by chapter 26 of the 9 laws of 2011, is amended to read as follows: 10 § 130.65 Sexual abuse in the first degree. 11 A person is guilty of sexual abuse in the first degree when he or she 12 subjects another person to sexual contact: 13 1. By forcible compulsion; or 14 2. When the other person is incapable of consent by reason of being 15 physically helpless[; or163. When the other person is less than eleven years old; or174. When the other person is less than thirteen years old and the actor18is twenty-one years old or older]. 19 Sexual abuse in the first degree is a class D felony. 20 § 9. The penal law is amended by adding a new section 130.64 to read 21 as follows: 22 § 130.64 Sexual abuse of a child. 23 A person is guilty of sexual abuse of a child when he or she subjects 24 another person to sexual contact: 25 1. When the other person is less than eleven years old; or 26 2. When the other person is less than thirteen years old and the actor 27 is twenty-one years old or older. 28 Sexual abuse of a child is a class A-I felony. 29 § 10. Section 130.67 of the penal law, as added by chapter 450 of the 30 laws of 1988, the opening paragraph of subdivision 1 as amended by chap- 31 ter 485 of the laws of 2009, is amended to read as follows: 32 § 130.67 Aggravated sexual abuse in the second degree. 33 1. A person is guilty of aggravated sexual abuse in the second degree 34 when he or she inserts a finger in the vagina, urethra, penis, rectum or 35 anus of another person causing physical injury to such person: 36 (a) By forcible compulsion; or 37 (b) When the other person is incapable of consent by reason of being 38 physically helpless[; or39(c) When the other person is less than eleven years old]. 40 2. Conduct performed for a valid medical purpose does not violate the 41 provisions of this section. 42 Aggravated sexual abuse in the second degree is a class C felony. 43 § 11. Section 130.70 of the penal law, as amended by chapter 450 of 44 the laws of 1988, the opening paragraph of subdivision 1 as amended by 45 chapter 485 of the laws of 2009, is amended to read as follows: 46 § 130.70 Aggravated sexual abuse in the first degree. 47 1. A person is guilty of aggravated sexual abuse in the first degree 48 when he or she inserts a foreign object in the vagina, urethra, penis, 49 rectum or anus of another person causing physical injury to such person: 50 (a) By forcible compulsion; or 51 (b) When the other person is incapable of consent by reason of being 52 physically helpless[; or53(c) When the other person is less than eleven years old]. 54 2. Conduct performed for a valid medical purpose does not violate the 55 provisions of this section. 56 Aggravated sexual abuse in the first degree is a class B felony.S. 6169--A 6 1 § 12. The penal law is amended by adding a new section 130.71 to read 2 as follows: 3 § 130.71 Aggravated sexual abuse of a child. 4 1. A person is guilty of aggravated sexual abuse of a child when he or 5 she inserts a finger or foreign object in the vagina, urethra, penis, 6 rectum or anus of another person causing physical injury to such person, 7 when such person is less than eleven years old. 8 2. Conduct performed for a valid medical purpose does not violate the 9 provisions of this section. 10 Aggravated sexual abuse of a child is a class A-I felony. 11 § 13. The closing paragraph of section 130.75 of the penal law, as 12 amended by chapter 1 of the laws of 2000, is amended to read as follows: 13 Course of sexual conduct against a child in the first degree is a 14 class [B] A-I felony. 15 § 14. The closing paragraph of section 130.80 of the penal law, as 16 amended by chapter 1 of the laws of 2000, is amended to read as follows: 17 Course of sexual conduct against a child in the second degree is a 18 class [D] A-I felony. 19 § 15. Section 130.96 of the penal law, as added by chapter 107 of the 20 laws of 2006, is amended to read as follows: 21 § 130.96 Predatory sexual assault against a child. 22 A person is guilty of predatory sexual assault against a child when, 23 being eighteen years old or more, he or she commits the crime of rape 24 [in the first degree] of a child, criminal sexual act [in the first25degree] against a child, aggravated sexual abuse [in the first degree] 26 of a child, course of sexual conduct against a child in the second 27 degree, or course of sexual conduct against a child in the first degree, 28 as defined in this article, and the victim is less than thirteen years 29 old. 30 Predatory sexual assault against a child is a class [A-II] A-I felony. 31 § 16. The closing paragraph of section 230.06 of the penal law, as 32 amended by chapter 368 of the laws of 2015, is amended to read as 33 follows: 34 Patronizing a person for prostitution in the first degree is a class 35 [D] A-I felony. 36 § 17. The closing paragraph of section 230.13 of the penal law, as 37 added by chapter 368 of the laws of 2015, is amended to read as follows: 38 Aggravated patronizing a minor for prostitution in the first degree is 39 a class [B] A-I felony. 40 § 18. The closing paragraph of section 230.32 of the penal law, as 41 added by chapter 627 of the laws of 1978, is amended to read as follows: 42 Promoting prostitution in the first degree is a class [B] A-I felony. 43 § 19. The closing paragraph of section 230.33 of the penal law, as 44 amended by chapter 368 of the laws of 2015, is amended to read as 45 follows: 46 Compelling prostitution is a class [B] A-I felony. 47 § 20. The closing paragraph of section 235.22 of the penal law, as 48 added by chapter 600 of the laws of 1996, is amended to read as follows: 49 Disseminating indecent material to minors in the first degree is a 50 class [D] A-I felony. 51 § 21. The closing paragraph of section 263.05 of the penal law, as 52 amended by chapter 1 of the laws of 2000, is amended to read as follows: 53 Use of a child in a sexual performance is a class [C] A-I felony. 54 § 22. The closing paragraph of section 263.30 of the penal law, as 55 added by chapter 431 of the laws of 2008, is amended to read as follows:S. 6169--A 7 1 Facilitating a sexual performance by a child with a controlled 2 substance or alcohol is a class [B] A-I felony. 3 § 23. This act shall take effect on the first of November next 4 succeeding the date on which it shall have become a law and shall apply 5 to offenses committed on or after such date; provided, however, that 6 section three of this act shall take effect on the same date and in the 7 same manner as section 40-a of part WWW of chapter 59 of the laws of 8 2017 takes effect.
