NY State Senate Bill 2011-S752

Senate Bill S752

2011-2012 Legislative Session

Expands juvenile offender status to include certain sex offenses committed by persons 13, 14 or 15 years of age

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Jan 05, 2011	referred to codes

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2011-S752 (ACTIVE) - Details

See Assembly Version of this Bill:: A1703
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§1.20 & 190.71, CP L; amd §§10.00 & 30.00, Pen L; amd §301.2, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3415, A5122
2013-2014: S2211, A6010
2015-2016: S2995, A5288
2017-2018: S441, A4852
2019-2020: A5703
2021-2022: A8315
2023-2024: A2684

2011-S752 (ACTIVE) - Summary

Expands juvenile offender status to include rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, aggravated sexual abuse in the second degree and aggravated sexual abuse in the third degree if committed by persons thirteen, fourteen or fifteen years of age.

2011-S752 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S752

TITLE OF BILL:

An act
to amend the criminal procedure law, the penal law and the family court
act, in relation to providing juvenile offender status to persons
thirteen, fourteen or fifteen years of age who have committed certain
sex offenses

PURPOSE:

Expands juvenile offender status to include certain sex offenses
committed by persons 13, 14, or 15 years of age.

SUMMARY OF PROVISIONS:

This criminal procedure law, the penal law and the family court act
are amended to establish that rape, sodomy, and aggravated sexual abuse
are serious violent crimes, even when committed by persons as young
as 13. Extension of the juvenile offender status to include this
group of sex offenses will allow for stiffer penalties for offenders,
and importantly, include young sex offenders in the Megan's Law Sex
Offender Registry.

JUSTIFICATION:

Currently, the law does not adequately address the serious nature of
violent acts committed by young sexual predators or the high rate of
recidivism common to sex crimes. This legislation would change that
by treating violent sex offenses as crimes worthy of serious
punishment, and provide that young sexual predators be included in
the Megan's Law Sex Offender Registry so that the appropriate
authorities are able to track these criminals as they enter the age
of majority.

LEGISLATIVE HISTORY:

2008-2009:  S.3415/A.5122-A  Referred to Codes
2007-2008:  S.381/A.2660 Referred to Codes
2006:       S.6253/A.10231/A.5682 Referred to Codes
2005:       A.5682 Referred to Codes
2004:       A.4780 Held in Codes

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November, following
adoption.

2011-S752 (ACTIVE) - Bill Text download pdf

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

                                   752

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  YOUNG,  DeFRANCISCO,  MAZIARZ  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes

AN ACT to amend the criminal procedure law, the penal law and the family
  court  act,  in  relation  to  providing  juvenile  offender status to
  persons thirteen, fourteen or fifteen years of age who have  committed
  certain sex offenses

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

  Section 1. Subdivision 42 of section 1.20 of  the  criminal  procedure
law,  as amended by chapter 7 of the laws of 2007, is amended to read as
follows:
  42. "Juvenile offender" means (1) a person, thirteen years old who  is
criminally responsible for acts constituting murder in the second degree
as  defined  in  subdivisions one and two of section 125.25 of the penal
law[,]; SUBDIVISIONS ONE AND TWO OF SECTION 130.35 (RAPE  IN  THE  FIRST
DEGREE); SUBDIVISIONS ONE AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT
IN  THE  FIRST  DEGREE);  SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE
FIRST DEGREE); or such conduct as a  sexually  motivated  felony,  where
authorized pursuant to section 130.91 of the penal law; and (2) a person
fourteen  or  fifteen  years  old who is criminally responsible for acts
constituting the crimes defined in subdivisions one and two  of  section
125.25  (murder  in  the second degree) and in subdivision three of such
section provided that the underlying crime for the murder charge is  one
for which such person is criminally responsible; section 135.25 (kidnap-
ping  in the first degree); 150.20 (arson in the first degree); subdivi-
sions one and two of section  120.10  (assault  in  the  first  degree);
125.20  (manslaughter  in the first degree); subdivisions one and two of
section 130.35 (rape in the first degree); subdivisions one and  two  of
section 130.50 (criminal sexual act in the first degree); SECTION 130.66

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

                                                           LBD02700-01-1

S. 752                              2

(AGGRAVATED  SEXUAL  ABUSE  IN THE THIRD DEGREE); SECTION 130.67 (AGGRA-
VATED SEXUAL ABUSE IN THE  SECOND  DEGREE);  130.70  (aggravated  sexual
abuse  in  the  first  degree);  140.30  (burglary in the first degree);
subdivision  one  of  section  140.25  (burglary  in the second degree);
150.15 (arson in the  second  degree);  160.15  (robbery  in  the  first
degree);  subdivision  two  of  section  160.10  (robbery  in the second
degree) of the penal law; or section 265.03 of the penal law, where such
machine gun or such firearm is possessed  on  school  grounds,  as  that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law;  or  defined in the penal law as an attempt to commit murder in the
second degree or kidnapping in the first degree, or such  conduct  as  a
sexually  motivated  felony, where authorized pursuant to section 130.91
of the penal law.
  S 2. Subdivision (a) of section 190.71 of the criminal procedure  law,
as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
follows:
  (a) Except as provided in subdivision six of section  200.20  of  this
chapter,  a grand jury may not indict (i) a person thirteen years of age
for any conduct or crime other than conduct constituting a crime defined
in subdivisions one and two of section  125.25  (murder  in  the  second
degree);  SUBDIVISIONS  ONE AND TWO OF SECTION 130.35 (RAPE IN THE FIRST
DEGREE); SUBDIVISIONS ONE AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT
IN THE FIRST DEGREE); SECTION 130.70 (AGGRAVATED  SEXUAL  ABUSE  IN  THE
FIRST  DEGREE);  or  such  conduct as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law;  (ii)  a  person
fourteen  or  fifteen  years  of age for any conduct or crime other than
conduct constituting a crime defined in  subdivisions  one  and  two  of
section 125.25 (murder in the second degree) and in subdivision three of
such section provided that the underlying crime for the murder charge is
one  for which such person is criminally responsible; 135.25 (kidnapping
in the first degree); 150.20 (arson in the first  degree);  subdivisions
one  and  two  of  section  120.10 (assault in the first degree); 125.20
(manslaughter in the first degree); subdivisions one and two of  section
130.35  (rape  in the first degree); subdivisions one and two of section
130.50 (criminal sexual act in the first degree); SECTION 130.66 (AGGRA-
VATED SEXUAL ABUSE IN THE  THIRD  DEGREE);  SECTION  130.67  (AGGRAVATED
SEXUAL  ABUSE  IN THE SECOND DEGREE); 130.70 (aggravated sexual abuse in
the first degree); 140.30 (burglary in the  first  degree);  subdivision
one  of section 140.25 (burglary in the second degree); 150.15 (arson in
the second degree); 160.15 (robbery in the  first  degree);  subdivision
two  of  section 160.10 (robbery in the second degree) of the penal law;
subdivision four of section 265.02 of the penal law, where such  firearm
is possessed on school grounds, as that phrase is defined in subdivision
fourteen  of  section  220.00 of the penal law; or section 265.03 of the
penal law, where such machine gun or such firearm is possessed on school
grounds, as that phrase is defined in subdivision  fourteen  of  section
220.00  of  the  penal law; or defined in the penal law as an attempt to
commit murder in the second degree or kidnapping in the first degree, or
such conduct as a sexually motivated felony, where  authorized  pursuant
to section 130.91 of the penal law.
  S  3.  Subdivision 18 of section 10.00 of the penal law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
  18. "Juvenile offender" means (1) a person thirteen years old  who  is
criminally responsible for acts constituting murder in the second degree
as  defined  in  subdivisions  one  and  two  of  section 125.25 of this
chapter; SUBDIVISIONS ONE AND TWO OF SECTION 130.35 (RAPE IN  THE  FIRST

S. 752                              3

DEGREE); SUBDIVISIONS ONE AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT
IN  THE  FIRST  DEGREE);  SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE
FIRST DEGREE); or such conduct as a  sexually  motivated  felony,  where
authorized pursuant to section 130.91 of the penal law; and
  (2) a person fourteen or fifteen years old who is criminally responsi-
ble for acts constituting the crimes defined in subdivisions one and two
of section 125.25 (murder in the second degree) and in subdivision three
of such section provided that the underlying crime for the murder charge
is  one  for which such person is criminally responsible; section 135.25
(kidnapping in the first degree); 150.20 (arson in  the  first  degree);
subdivisions  one  and  two  of  section  120.10  (assault  in the first
degree); 125.20 (manslaughter in the first degree); subdivisions one and
two of section 130.35 (rape in the first degree); subdivisions  one  and
two of section 130.50 (criminal sexual act in the first degree); SECTION
130.66  (AGGRAVATED  SEXUAL  ABUSE  IN THE THIRD DEGREE); SECTION 130.67
(AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (aggravated sexu-
al abuse in the first degree); 140.30 (burglary in  the  first  degree);
subdivision  one  of  section  140.25  (burglary  in the second degree);
150.15 (arson in the  second  degree);  160.15  (robbery  in  the  first
degree);  subdivision  two  of  section  160.10  (robbery  in the second
degree) of this chapter; or section 265.03 of this chapter,  where  such
machine  gun  or  such  firearm  is possessed on school grounds, as that
phrase is defined in subdivision fourteen  of  section  220.00  of  this
chapter;  or  defined  in this chapter as an attempt to commit murder in
the second degree or kidnapping in the first degree, or such conduct  as
a sexually motivated felony, where authorized pursuant to section 130.91
of the penal law.
  S  4.   Subdivision 2 of section 30.00 of the penal law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
  2. A person thirteen, fourteen or fifteen years of age  is  criminally
responsible for acts constituting murder in the second degree as defined
in  subdivisions  one and two of section 125.25 and in subdivision three
of such section provided that the underlying crime for the murder charge
is one for which such person  is  criminally  responsible  or  for  such
conduct  as  a  sexually  motivated felony, where authorized pursuant to
section 130.91 of the penal law; A  PERSON  THIRTEEN  YEARS  OF  AGE  IS
CRIMINALLY  RESPONSIBLE  FOR  ACTS  CONSTITUTING  THE  CRIMES DEFINED IN
SUBDIVISIONS ONE AND TWO OF SECTION 130.35 (RAPE IN THE  FIRST  DEGREE);
SUBDIVISIONS  ONE  AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE
FIRST DEGREE); AND SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE  FIRST
DEGREE);  and  a  person  fourteen or fifteen years of age is criminally
responsible for acts constituting the crimes defined in  section  135.25
(kidnapping  in  the  first degree); 150.20 (arson in the first degree);
subdivisions one and  two  of  section  120.10  (assault  in  the  first
degree); 125.20 (manslaughter in the first degree); subdivisions one and
two  of  section 130.35 (rape in the first degree); subdivisions one and
two of section 130.50 (criminal sexual act in the first degree); SECTION
130.66 (AGGRAVATED SEXUAL ABUSE IN THE  THIRD  DEGREE);  SECTION  130.67
(AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (aggravated sexu-
al  abuse  in  the first degree); 140.30 (burglary in the first degree);
subdivision one of section  140.25  (burglary  in  the  second  degree);
150.15  (arson  in  the  second  degree);  160.15  (robbery in the first
degree); subdivision two  of  section  160.10  (robbery  in  the  second
degree)  of  this chapter; or section 265.03 of this chapter, where such
machine gun or such firearm is possessed  on  school  grounds,  as  that
phrase  is  defined  in  subdivision  fourteen of section 220.00 of this

S. 752                              4

chapter; or defined in this chapter as an attempt to  commit  murder  in
the second degree or kidnapping in the first degree, or for such conduct
as  a  sexually  motivated  felony, where authorized pursuant to section
130.91 of the penal law.
  S  5.  Subdivision  8  of  section  301.2  of the family court act, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
  8. "Designated felony act" means an act which, if done  by  an  adult,
would  be  a  crime: (i) defined in sections 125.27 (murder in the first
degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
first degree); or 150.20 (arson in the first degree) of  the  penal  law
committed  by  a  person  thirteen, fourteen or fifteen years of age; or
such conduct committed as a sexually motivated felony, where  authorized
pursuant  to  section  130.91 of the penal law; (ii) defined in sections
120.10 (assault in the first degree); 125.20 (manslaughter in the  first
degree);  130.35 (rape in the first degree); 130.50 (criminal sexual act
in the first degree); 130.66  (AGGRAVATED  SEXUAL  ABUSE  IN  THE  THIRD
DEGREE);  130.67  (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70
(aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
second degree) but only where the abduction involved the use  or  threat
of  use of deadly physical force; 150.15 (arson in the second degree) or
160.15 (robbery in the first degree) of the penal  law  committed  by  a
person  thirteen,  fourteen  or  fifteen  years  of age; or such conduct
committed as a sexually motivated felony, where authorized  pursuant  to
section  130.91  of  the penal law; (iii) defined in the penal law as an
attempt to commit murder in the first or second degree or kidnapping  in
the  first  degree  committed  by a person thirteen, fourteen or fifteen
years of age; or such conduct committed as a sexually motivated  felony,
where  authorized  pursuant  to  section  130.91  of the penal law; (iv)
defined in section 140.30 (burglary in the  first  degree);  subdivision
one  of  section 140.25 (burglary in the second degree); subdivision two
of section 160.10 (robbery in the second degree) of the  penal  law;  or
section  265.03 of the penal law, where such machine gun or such firearm
is possessed on school grounds, as that phrase is defined in subdivision
fourteen of section 220.00 of the penal law committed by a person  four-
teen  or  fifteen  years of age; or such conduct committed as a sexually
motivated felony, where authorized pursuant to  section  130.91  of  the
penal  law; (v) defined in section 120.05 (assault in the second degree)
or 160.10 (robbery in the second degree) of the penal law committed by a
person fourteen or fifteen years of age but only where there has been  a
prior  finding  by  a court that such person has previously committed an
act which, if committed by an adult, would be the crime  of  assault  in
the second degree, robbery in the second degree or any designated felony
act  specified  in  paragraph  (i),  (ii),  or (iii) of this subdivision
regardless of the age of such person at the time of  the  commission  of
the prior act; or (vi) other than a misdemeanor committed by a person at
least seven but less than sixteen years of age, but only where there has
been  two  prior  findings by the court that such person has committed a
prior felony.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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