senate Bill S4391A

2011-2012 Legislative Session

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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Archive: Last Bill Status - Passed Senate


  • 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
Feb 06, 2012 referred to codes
delivered to assembly
passed senate
Jan 23, 2012 advanced to third reading
Jan 19, 2012 2nd report cal.
Jan 18, 2012 1st report cal.63
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 16, 2011 referred to codes
delivered to assembly
passed senate
Jun 13, 2011 amended on third reading 4391a
May 09, 2011 advanced to third reading
May 04, 2011 2nd report cal.
May 03, 2011 1st report cal.429
Apr 04, 2011 referred to codes

Votes

view votes

Jan 18, 2012 - Codes committee Vote

S4391A
13
1
committee
13
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jan 18, 2012

nay (1)
aye wr (2)

May 3, 2011 - Codes committee Vote

S4391
14
1
committee
14
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4391 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §120.12, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S3804

S4391 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4391

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

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.

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

                                  4391

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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 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, 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
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.
                                                           LBD10476-01-1

Co-Sponsors

S4391A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §120.12, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S3804

S4391A (ACTIVE) - Bill Texts

view summary

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

view 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 full text
download pdf
                    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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