Senate Bill S3804

                                 BILL NUMBER:  S3804

 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
16 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 additional abuse over
a longer period of time.

 PRIOR LEGISLATION HISTORY :

2008: 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.