senate Bill S2368

2011-2012 Legislative Session

Increases by 1 degree the severity of rape, criminal sexual act, sexual abuse and course of sexual conduct against a child in the second degrees

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 19, 2011 referred to codes

Co-Sponsors

S2368 - Bill Details

See Assembly Version of this Bill:
A6153
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยงยง130.30, 130.45, 130.60 & 130.80, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S7367

S2368 - Bill Texts

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Increases by 1 degree the severity of rape in the second degree, criminal sexual act in the second degree, sexual abuse in the second degree and course of sexual conduct against a child in the second degree.

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BILL NUMBER:S2368

TITLE OF BILL:
An act
to amend the penal law, in relation to increasing the severity of rape in
the second degree, criminal sexual act in the second degree, sexual
abuse in the second degree and course of sexual conduct against a child
in the second degree

PURPOSE:
The purpose of the legislation is to increase by one degree
the severity of rape, criminal sexual act, sexual abuse and course of
sexual conduct against a child in the second degrees.

SUMMARY OF PROVISIONS:
Section 1. The closing paragraph of section 130.30 of the penal law is
amended to make rape in the second degree a class C felony.
Section 2. The closing paragraph of section 130.45 of the penal law is
amended to make criminal sexual act in the second degree a class C
felony.
Section 3. The closing paragraph of section 130.60 of the penal law is
amended to make sexual abuse in the second degree a class E felony.
Section 4. The closing paragraph of section 130.80 of the penal law is
amended to make course of sexual conduct against a child in the
second degree a class C felony.

JUSTIFICATION:
Felony sexual assaults are serious crimes, but the
current sentencing structure does not reflect the severity of the
crimes. Currently, first-time sex offenders convicted of a class D
felony will receive only two years; while those convicted two or more
times will receive only five years imprisonment. With this light
sentencing, many sex offenders could be released when their victims
are still vulnerable minors. The current sentencing structure is far
too lenient on perverse people who prey on our most vulnerable
population. The penalties need to be increased to reflect the
severity of the crimes; to keep these predators away from our
children; and to keep those in our most vulnerable population safe.

LEGISLATIVE HISTORY:
S.7367 of 2010

FISCAL IMPLICATIONS:
None.

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

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

                                  2368

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD,  GOLDEN, LARKIN -- 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 increasing the severity of
  rape in the second degree, criminal sexual act in the  second  degree,
  sexual abuse in the second degree and course of sexual conduct against
  a child in the second degree

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

  Section 1. The closing paragraph of section 130.30 of the  penal  law,
as  amended  by  chapter  1  of  the laws of 2000, is amended to read as
follows:
  Rape in the second degree is a class [D] C felony.
  S 2. The closing paragraph of section 130.45  of  the  penal  law,  as
amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
follows:
  Criminal sexual act in the second degree is a class [D] C felony.
  S 3. The closing paragraph of section 130.60  of  the  penal  law,  as
amended by chapter 1 of the laws of 2000, is amended to read as follows:
  Sexual abuse in the second degree is a class [A misdemeanor] E FELONY.
  S  4.  The  closing  paragraph  of section 130.80 of the penal law, as
amended by chapter 1 of the laws of 2000, is amended to read as follows:
  Course of sexual conduct against a child in the  second  degree  is  a
class [D] C felony.
  S 5. 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.
                                                           LBD05845-01-1

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