senate Bill S6508

2011-2012 Legislative Session

Provides that an assault of a child where the defendant has a previous conviction for an assault of a child shall be an assault in the first degree

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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
Jun 13, 2012 referred to codes
delivered to assembly
passed senate
May 14, 2012 advanced to third reading
May 09, 2012 2nd report cal.
May 08, 2012 1st report cal.712
Feb 17, 2012 referred to codes

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Co-Sponsors

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S6508 - Bill Details

See Assembly Version of this Bill:
A9488
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§120.10 & 120.12, Pen L

S6508 - Bill Texts

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Provides that an assault of a child where the defendant has a previous conviction for an assault or an attempted assault of a child shall be an assault in the first degree.

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BILL NUMBER:S6508

TITLE OF BILL:
An act
to amend the penal law, in relation to assault of a child

PURPOSE:

This bill increases the. penalties for persons convicted of assault or
aggravated assault against a child if that person has a previous or
previous convictions for similar crimes.

SUMMARY OF PROVISIONS:

Section 1 states that this act shall be known and may be cited as
Jay J's Law.

Section 2 amends section 120.10 subdivision 4 of the penal law and
adds new subdivision 5 to require that a person is guilty of assault
in the first degree if that person, with intent to cause physical
injury to a person less than eleven years old, recklessly causes
serious physical injury to such person, and has previously been
convicted of assault or attempted assault in the first, second and
third degree against a person less than eleven years old, or has
previously been convicted of reckless assault of a child or attempted
reckless assault of a child.

Section 3 amends section 120.12 of the penal law by designating
current language as section 1 and requires that a person is guilty of
aggravated assault upon a person less than eleven years old when the
defendant commits the crime of assault in the third degree upon a
person less than eleven years old and has been previously convicted
of such a crime within the preceding ten years, instead of the
current three years. This section also changes the offense of
aggravated assault upon a person less than eleven years old from a
class E felony to a class D felony.

Section 4 amends section 120.12 of the penal law by adding subdivision
2, which requires that aggravated assault upon a person less than
eleven years old shall be a class B felony if the person convicted
has previously been convicted of aggravated assault upon a person
less than eleven years old.

JUSTIFICATION:
This bill aims to protect victims of child abuse by strengthening
penalties against violent offenders who hurt children. This bill will
fix a gap in state law wherein persons convicted of repeat violent
assaults upon children are given light sentences, despite the great
deal of damage done to the child.

In 2011 in North Tonawanda, NY, an infant boy named Jay J Bolvin was
beaten by his father, Jeremy J.Bolvin,
and was left with 11 fractured bones and epilepsy. Jeremy J.
Bolvin secured a plea bargain of third-degree assault and attempted
second-degree assault and was sentenced to 1 1/3-to-four years in
prison.
This was the maximum sentence that could be imposed by the judge.
However, in 2007, Bolvin was convicted of assault in the third degree
after beating another one of his sons and breaking his arm. This
shows a clearly defined pattern of abuse.

This bill will strengthen penalties against repeat violent offenders.
Under the bill, an adult will be charged with aggravated assault upon
a person less than eleven years old, if he or she was previously
convicted of assault after hurting a child within the preceding 10
years. This measure strengthens state law by expanding the time
window for an aggravated assault charge from three to 10 years.

The legislation would also amend the penal law to make aggravated
assault upon a person less than eleven years old a class D felony.
If, after release from prison, a third child abuse offense occurs,
the aggravated assault charge will become a class B felony. Class D
felonies carry a maximum sentence of 7 years, while a class B felony
has a maximum sentence of 25 years.

This bill honors young Jay J, who struggles every day to recover from
the severe injuries he endured. Jay J suffers from Lennox-Gastaut
Syndrome, a neurological condition that causes seizures. According to
reports, doctors believe Jay J developed the disease after being
abused by his father as an infant. He still suffers 20 to 30 seizures
a day and it is likely he will have some cognitive troubles
throughout his life.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  6508

                            I N  S E N A T E

                            February 17, 2012
                               ___________

Introduced  by  Sen. KENNEDY -- 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 assault of a child

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

  Section 1.  This act shall be known and may be cited as "Jay J's law".
  S  2.  Subdivision 4 of section 120.10 of the penal law, as amended by
chapter 791 of the laws of 1967, is amended and a new subdivision  5  is
added to read as follows:
  4.  In the course of and in furtherance of the commission or attempted
commission of a felony or of immediate flight therefrom, he, or  another
participant  if there be any, causes serious physical injury to a person
other than one of the participants[.]; OR
  5. BEING EIGHTEEN YEARS OLD OR MORE AND WITH INTENT TO CAUSE  PHYSICAL
INJURY  TO  A  PERSON  LESS  THAN ELEVEN YEARS OLD, HE OR SHE RECKLESSLY
CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON; AND HAS  PREVIOUSLY  BEEN
CONVICTED OF ASSAULT IN THE FIRST DEGREE, SECOND DEGREE, OR THIRD DEGREE
AGAINST  A  PERSON  LESS THAN ELEVEN YEARS OLD; OR HAS BEEN CONVICTED OF
ATTEMPTED ASSAULT IN THE FIRST DEGREE, SECOND DEGREE,  OR  THIRD  DEGREE
AGAINST  A  PERSON  LESS THAN ELEVEN YEARS OLD; OR HAS BEEN CONVICTED OF
RECKLESS ASSAULT OF A CHILD; OR ATTEMPTED RECKLESS ASSAULT OF A CHILD.
  S 3. 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 years old.
  1.  A  person  is guilty of aggravated assault upon a person less than
eleven 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 years old and  has
been  previously  convicted of such crime upon a person less than eleven
years old within the preceding [three] TEN years.
  Aggravated assault upon a person less than eleven years old is a class
[E] D felony.
  2. AGGRAVATED ASSAULT UPON A PERSON LESS  THAN  ELEVEN  YEARS  OLD  AS
DEFINED  IN  SUBDIVISION  ONE  OF THIS SECTION SHALL BE A CLASS B FELONY
WHEN THE PERSON SO CONVICTED HAS PREVIOUSLY BEEN CONVICTED OF SUCH CRIME
AS DEFINED IN SUBDIVISION ONE OF THIS SECTION.
  S 4. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13389-03-2

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