senate Bill S612

Signed by Governor

Excludes any time during which a person was incarcerated from the ten year period relevant to the definition of the crime of persistent sexual abuse

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


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

actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 20 / May / 2013
    • 1ST REPORT CAL.628
  • 21 / May / 2013
    • 2ND REPORT CAL.
  • 22 / May / 2013
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2013
    • PASSED SENATE
  • 10 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 29 / May / 2014
    • 1ST REPORT CAL.1042
  • 02 / Jun / 2014
    • 2ND REPORT CAL.
  • 03 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO CODES
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A2711
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.797
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 31 / Jul / 2014
    • DELIVERED TO GOVERNOR
  • 01 / Aug / 2014
    • SIGNED CHAP.192

Summary

Excludes any time during which a person was incarcerated from the ten year period relevant to the definition of the crime of persistent sexual abuse.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A2711
Versions:
S612
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Amd §130.53, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S6129, A8956

Sponsor Memo

BILL NUMBER:S612

TITLE OF BILL:
An act
to amend
the penal law, in relation to excluding
any time during which a person was
incarcerated from the ten year period relevant to the definition of the
crime of persistent sexual abuse

PURPOSE:
To exclude time spent incarcerated from the ten year period in which,
if convicted of certain sex crimes after having been convicted of
similar sex crimes two or more times, an individual is guilty of the
crime of "persistent sexual abuse."

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Section 130.53 of the penal code, which establishes
that a person convicted of forcible touching, sexual abuse in the
third degree, or sexual abuse in the second degree, after having been
convicted of one of those crimes two or more times in the previous
ten years, is guilty of "persistent sexual abuse." This section is
amended to exclude any time during which such person was incarcerated
from that ten-year period.

Section 2 establishes the effective date of this law as the first of
November next succeeding the date on which it shall have become a law.

JUSTIFICATION:
The crime of "persistent sexual abuse" is intended to impose harsher
Penalties on criminals who commit certain sex crimes on multiple
occasions during a ten-year period. However, under current law, that
ten-year period may include time during which the offender is
incarcerated, and thus removed from general society and unable to
commit the sex crimes in question against innocent civilians.

This bill would exclude time spent in prison from the ten-year period
so that individuals who commit persistent sexual abuse axe held fully
responsible for their actions.

PRIOR LEGISLATIVE HISTORY:
2012: Senate Bill
6129 (Gianaris) - Passed Senate 60-1 (3/1/12)
2012: Assembly Bill
8956 (Simotas) - Died in Assembly Codes
Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.

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

                                   612

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. GIANARIS, ADAMS, ADDABBO, AVELLA, CARLUCCI, DILAN,
  KENNEDY, STAVISKY -- 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 excluding any time during
  which a person was incarcerated from the ten year period  relevant  to
  the definition of 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, EXCLUDING ANY TIME DURING WHICH SUCH PERSON WAS INCARCERATED FOR ANY
REASON, has been convicted two or more times, in separate criminal tran-
sactions 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 it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01842-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.