Senate Bill S4649

                                BILL NUMBER:S4649

TITLE OF BILL:
An act
to amend the penal law, in relation to consecutive sentencing for
persons convicted of incest and any other sex offenses against the same
child

PURPOSE:
To protect children from repeated, ongoing sexual abuse by a known
individual by ensuring that, where a perpetrator is convicted of
multiple crimes against the same child, such perpetrator serves each
sentence consecutively rather than concurrently.

SUMMARY OF PROVISIONS:
Section one amends section 70.25 of the penal law by adding a new
subdivision 2-h which provides that whenever a person is convicted of
incest and any other sex offense under article one hundred thirty of
the penal law and the offenses are committed against the same child
who is under the age of eighteen and that child is under the care,
custody or control of the convicted person, the sentences must run
consecutively.

Section two defines the effective date as the ninetieth day following
the date on which this legislation becomes law and shall apply to all
pending crimes unless the sentence has been imposed prior to the
              

effective date.

JUSTIFICATION:
Research consistently shows that approximately ninety percent of all
sexual abuse is perpetrated by adults known to their victim, most
often over an extended period of time. Sexual abuse takes a
devastating toll on children, who experience long-term psychological
trauma, especially when the abuse is repeated or is inflicted by a
person in a position of trust or authority. Concurrent sentencing for
multiple criminal acts thus denies the essential nature and impact of
these crimes and potentially enables the perpetrator to return more
quickly to the community where he or she is likely to abuse the same
child or other children again. This bill eliminates concurrent
sentencing for sexual abuse crimes against children, requiring that
sentences for multiple convictions be served consecutively.

LEGISLATIVE HISTORY:
2008:    S.1085 - Referred to Codes
2007:    S.1085 - Passed Senate
2005-06: S.7353 - Passed Senate

FISCAL IMPLICATIONS:
Longer prison terms may result in an increased cost on the state.

EFFECTIVE DATE:

The ninetieth day following the date on which it shall have become law
and shall apply to all pending criminal actions provided the sentence
has not been imposed prior to such effective date.