senate Bill S4391A

Changes the age of the victim of aggravated assault, penal law 120.12, from less than eleven to less than fourteen

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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

  • 04 / Apr / 2011
    • REFERRED TO CODES
  • 03 / May / 2011
    • 1ST REPORT CAL.429
  • 04 / May / 2011
    • 2ND REPORT CAL.
  • 09 / May / 2011
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2011
    • AMENDED ON THIRD READING 4391A
  • 16 / Jun / 2011
    • PASSED SENATE
  • 16 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 18 / Jan / 2012
    • 1ST REPORT CAL.63
  • 19 / Jan / 2012
    • 2ND REPORT CAL.
  • 23 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 06 / Feb / 2012
    • PASSED SENATE
  • 06 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 06 / Feb / 2012
    • REFERRED TO CODES

Summary

Changes the age of the intended victim of aggravated assault, penal law 120.12, from less than eleven to less than fourteen years.

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Bill Details

Versions:
S4391
S4391A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §120.12, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S3804

Sponsor Memo

BILL NUMBER:S4391A REVISED 02/06/12

TITLE OF BILL:

An act
to amend the penal law, in relation to changing the age of the victim
intended for a specific crime of assault

PURPOSE:

To include eleven, twelve and thirteen year-olds within the
protections of the crime of aggravated assault.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends § 120.12 of the Penal Law to raise the
age of a victim of aggravated assault from eleven to fourteen. This
brings within the protections of the statute eleven, twelve and
thirteen year-olds. Assault in the second degree and Assault in the
first degree are added as new predicate crimes. In addition, the
look-back period for a predicate crime to trigger this aggravated
crime is extended to ten years from the current three.

Section 2 of the bill is the effective date.

JUSTIFICATION:

In 1990, the Legislature enacted § 120.12 of the Penal Law designed to
enhance the penalties for an adult (a person eighteen years of age or
older) who assaults a child (a person less than eleven years of age)
and thereby causes injury. This legislation expands on that very good
idea to broaden its protections to eleven, twelve and
thirteen year-olds and impose a longer period of time for a predicate
crime. The current statute is designed to punish as a felon any adult
who engages in successive misdemeanor assaults upon a child within a
three-year period.
The original sponsor believed § 120.12 was necessary to assist
prosecutors in child abuse cases where proof of intent was difficult
and most indictments were resulting in simple 3rd degree assault
convictions, a Class A misdemeanor.

According to the Division of Criminal Justice Services, in the ensuing
22 years, while prosecutions have increased somewhat, convictions
have not. Since a successful prosecution in 1996, 159 defendants have
been charged with aggravated assault upon a person less than eleven
years old without another single conviction. This evidence suggests
that as a plea bargaining tool this statute has a place, but as an
effective weapon in
a prosecutor's arsenal, its requires upgrading. By increasing the age
of the victim from "less than eleven years of age" to "less than
fourteen years of age", we bring under the protection of the statute
eleven, twelve and thirteen year-olds. In addition, by adding two
predicate crimes and extending the period for a predicate crime to
trigger a prosecution under the statute, we provide further
protection to children who have been subject to addition~l abuse over
a longer period of time.


The following is based on information in the Division of Criminal
Justice Services Computerized Criminal History database as of May 23,
2011:

o Since November 1, 1990, the effective date of this statute, there
have been 457 arrest events in which the defendant was charged with
at least One count of PL 120.12. This number includes arrests where
the PL 120.12 offense was the top charge or an underlying charge in
the arrests event and also includes completed and attempted versions
of the crime.

o There have been 26 cases in which the defendant was convicted of at
least one count of PL 120.12. This number includes convictions where
the PL 120.12 offense was the top conviction charge or an underlying
conviction charge and also includes completed and attempted versions
of the crime. (Two of the convictions resulted in a Youthful Offender
adjudication.)

o Two of the defendants convicted of PL 120.12 had previously been
convicted of PL 120.05 (assault in the second degree). (One of the PL
120.05 convictions resulted in a youthful offender adjudication.) No
cases were identified where a defendant convicted of PL 120.12 had
previously been convicted of PL 120.10 (assault in the first degree).

PRIOR LEGISLATION HISTORY:

2008: Passed Senate
2009: Senate Codes Committee
2010: Senate Codes Committee - Notice of Committee
Consideration Requested; Advanced to Third Reading
2011: Passed Senate

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall become a law.

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

                                 4391--A
    Cal. No. 429

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced by Sens. FLANAGAN, KENNEDY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes -- reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT  to  amend the penal law, in relation to changing the age of the
  victim intended for a specific crime of assault

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

  Section 1. Section 120.12 of the penal law, as added by chapter 477 of
the laws of 1990, is amended to read as follows:
S 120.12 Aggravated  assault  upon  a person less than [eleven] FOURTEEN
           years old.
  A person is guilty of aggravated  assault  upon  a  person  less  than
[eleven]  FOURTEEN  years  old when being eighteen years old or more the
defendant commits the crime of assault in the third degree as defined in
section 120.00 of this article upon a person less than [eleven] FOURTEEN
years old and has been  previously  convicted  of  [such  crime]  EITHER
ASSAULT  IN  THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF THIS ARTI-
CLE, ASSAULT IN THE SECOND DEGREE AS DEFINED IN SECTION 120.05  OF  THIS
ARTICLE,  OR ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION 120.10 OF
THIS ARTICLE AND SUCH PRIOR CRIME WAS COMMITTED upon a person less  than
[eleven] FOURTEEN years old within the preceding [three] TEN years.
  Aggravated assault upon a person less than [eleven] FOURTEEN years old
is a class E felony.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10476-02-1

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