senate Bill S1365

Relates to removing the ten year time period from the crime of persistent sexual abuse

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jan / 2011
    • REFERRED TO CODES
  • 01 / Mar / 2011
    • 1ST REPORT CAL.110
  • 02 / Mar / 2011
    • 2ND REPORT CAL.
  • 03 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 07 / Mar / 2011
    • PASSED SENATE
  • 07 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 07 / Mar / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 14 / Feb / 2012
    • 1ST REPORT CAL.198
  • 15 / Feb / 2012
    • 2ND REPORT CAL.
  • 29 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 05 / Mar / 2012
    • PASSED SENATE
  • 05 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 05 / Mar / 2012
    • REFERRED TO CODES

Summary

Relates to removing the ten year time period from the crime of persistent sexual abuse.

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Bill Details

See Assembly Version of this Bill:
A1768
Versions:
S1365
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง130.53, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S7434, A10639

Sponsor Memo

BILL NUMBER:S1365

TITLE OF BILL:
An act
to amend the penal law, in relation to removing a certain time period
for the crime of persistent sexual abuse

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this
bill is to remove
the ten year time period in relation to being defined as a person who
has committed persistent sexual abuse. Previously, one who had
committed the crime of forcible touching, sexual abuse in the third
degree, or sexual abuse in the second degree, within a ten year
period, would be guilty of persistent sexual abuse.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends section 130.53 of the penal law

Section 2. Establishes the effective date

JUSTIFICATION:
Sexual abuse is a serious issue.
Preventative measures
must be taken in order to protect the people of the great State of
New York. Those who commit sexual abuses must know that such acts
will not be tolerated, and the consequences for such acts should
reflect that message accordingly. By allowing individuals to be
convicted of a class E felony only if one commits the sexual abuses
within a ten year period sends the wrong message and must be
corrected. This legislation aims to correct this oversight.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.7434 - Referred to Codes; Passed Senate 58-1

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which the act shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1365

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by Sens. PERKINS, JOHNSON, KRUEGER, PARKER, PERALTA, RANZEN-
  HOFER, SQUADRON -- 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 removing  a  certain  time
  period for the crime of persistent sexual abuse

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 130.53 of the penal law, as amended by chapter  264
of the laws of 2003, is amended to read as follows:
S 130.53 Persistent sexual abuse.
  A  person  is guilty of persistent sexual abuse when he or she commits
the crime of forcible touching, as defined in  section  130.52  of  this
article,  sexual abuse in the third degree, as defined in section 130.55
of this article, or sexual abuse in the second  degree,  as  defined  in
section 130.60 of this article, and[, within the previous ten year peri-
od,]  has  been convicted two or more times, in separate criminal trans-
actions for which sentence was imposed on separate occasions, of  forci-
ble touching, as defined in section 130.52 of this article, sexual abuse
in the third degree as defined in section 130.55 of this article, sexual
abuse  in  the second degree, as defined in section 130.60 of this arti-
cle, or any offense defined in this article, of which the commission  or
attempted commission thereof is a felony.
  Persistent sexual abuse is a class E felony.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which this act shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01786-01-1

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