S T A T E O F N E W Y O R K
________________________________________________________________________
6820
2009-2010 Regular Sessions
I N A S S E M B L Y
March 12, 2009
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Introduced by M. of A. SCOZZAFAVA, McDONOUGH -- Multi-Sponsored by -- M.
of A. ALFANO, BACALLES, BARCLAY, BARRA, BURLING, BUTLER, CALHOUN,
CONTE, CROUCH, ERRIGO, FINCH, FITZPATRICK, GIGLIO, HAYES, KOLB, OAKS,
O'MARA, QUINN, RABBITT, RAIA, REILICH, SALADINO, SAYWARD, TEDISCO,
THIELE, TOWNSEND -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to 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] STANDS CONVICTED OF ANY SEX
OFFENSE ENUMERATED IN THIS ARTICLE, AND WITHIN THE PREVIOUS TEN YEAR
PERIOD, HAS BEEN CONVICTED TWO OR MORE TIMES, IN SEPARATE CRIMINAL TRAN-
SACTIONS FOR WHICH SENTENCE WAS IMPOSED ON SEPARATE OCCASIONS, OF ANY
SEX OFFENSE ENUMERATED IN THIS ARTICLE.
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.
LBD08559-01-9