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

                                  5634

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2013
                               ___________

Introduced  by  M.  of  A.  THIELE, CASTRO, COLTON, COOK, CURRAN, ENGLE-
  BRIGHT, GIBSON, HOOPER, LAVINE, ORTIZ, RAMOS,  SWEENEY,  ZEBROWSKI  --
  Multi-Sponsored  by  --  M. of A.   ABBATE, BARCLAY, BOYLAND, BRENNAN,
  CERETTO,  CORWIN,  CROUCH,  DUPREY,  FINCH,  GIGLIO,  GOODELL,   GRAF,
  P. LOPEZ,  LOSQUADRO, McDONOUGH, MONTESANO, PERRY, RA, RAIA, SALADINO,
  SCARBOROUGH, SCHIMEL, TEDISCO, TITONE -- read once and referred to the
  Committee on Codes

AN ACT to amend the penal  law,  the  criminal  procedure  law  and  the
  correction law, in relation to establishing the crime of serial sexual
  assault as a class B felony

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

  Section 1. The penal law is amended by adding a new section 130.81  to
read as follows:
S 130.81 SERIAL SEXUAL ASSAULT.
  1.  A PERSON IS GUILTY OF SERIAL SEXUAL ASSAULT WHEN HE OR SHE ENGAGES
IN THREE OR MORE ACTS OF SEXUAL ASSAULT INVOLVING TWO OR MORE VICTIMS.
  2. FOR THE PURPOSES OF THIS SECTION, SEXUAL ASSAULT IS DEFINED  AS  AN
ACT OR ACTS WHICH WOULD CONSTITUTE A SEXUAL OFFENSE PURSUANT TO SECTIONS
130.30, 130.35, 130.45, 130.50, 130.67, 130.70, AND 130.75 OF THIS ARTI-
CLE, OR AN ATTEMPT TO COMMIT ANY THEREOF.
  3.  A  PERSON  MAY NOT BE SUBSEQUENTLY PROSECUTED FOR ANY OTHER SEXUAL
OFFENSE INVOLVING THE SAME VICTIM OR VICTIMS UNLESS  THE  OTHER  CHARGED
OFFENSE OCCURRED OUTSIDE THE TIME PERIOD CHARGED UNDER THIS SECTION.
  SERIAL SEXUAL ASSAULT IS A CLASS B FELONY.
  S  2.  Subdivision 3 of section 30.10 of the criminal procedure law is
amended by adding a new paragraph (h) to read as follows:
  (H) FOR A PROSECUTION FOR SERIAL SEXUAL ASSAULT AS DEFINED IN  SECTION
130.81 OF THE PENAL LAW, THE PERIOD OF LIMITATION SHALL NOT BEGIN TO RUN
UNTIL THE COMMISSION OF THE MOST RECENT ACT OF SEXUAL ASSAULT; PROVIDED,
HOWEVER,  THAT  NOTHING  IN THIS PARAGRAPH SHALL BE DEEMED TO SHORTEN OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09271-01-3
              

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OTHERWISE LESSEN THE PERIOD, DEFINED IN ANY  OTHER  APPLICABLE  LAW,  IN
WHICH  A  PROSECUTION  FOR  A FELONY DESIGNATED IN THIS PARAGRAPH MAY BE
COMMENCED.
  S  3.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 405 of  the  laws  of
2008, is amended to read as follows:
  (i)  a  conviction  of or a conviction for an attempt to commit any of
the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
130.45,  130.60,  130.81,  230.34,  250.50, 255.25, 255.26 and 255.27 or
article two hundred sixty-three of the penal  law,  or  section  135.05,
135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
provided the victim of such kidnapping or related offense is  less  than
seventeen years old and the offender is not the parent of the victim, or
section  230.04, where the person patronized is in fact less than seven-
teen years of age, 230.05 or  230.06,  or  subdivision  two  of  section
230.30, or section 230.32 or 230.33 of the penal law, or
  S  4. Paragraph b of subdivision 5 of section 120.40 of the penal law,
as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
follows:
  b.  a crime defined in section 130.20, 130.25, 130.30, 130.40, 130.45,
130.55, 130.60, 130.70, 130.81, 255.25, 255.26 or 255.27;
  S 5. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the first degree as defined in section 130.75[;],
SERIAL SEXUAL ASSAULT AS DEFINED IN SECTION 130.81, assault in the first
degree as defined in section 120.10, kidnapping in the second degree  as
defined  in  section  135.20, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
robbery in the first degree as defined in section 160.15, incest in  the
first  degree  as  defined  in  section 255.27, criminal possession of a
weapon in the first degree as defined in section 265.04, criminal use of
a firearm in the first degree as defined  in  section  265.09,  criminal
sale  of  a  firearm  in  the first degree as defined in section 265.13,
aggravated assault upon a police officer or a peace officer  as  defined
in  section  120.11,  gang  assault  in  the  first degree as defined in
section 120.07, intimidating a victim or witness in the first degree  as
defined  in  section  215.17,  hindering prosecution of terrorism in the
first degree as defined in section  490.35,  criminal  possession  of  a
chemical  weapon or biological weapon in the second degree as defined in
section 490.40, and criminal use of  a  chemical  weapon  or  biological
weapon in the third degree as defined in section 490.47.
  S  6.  The opening paragraph of subdivision 3 of section 125.25 of the
penal law, as amended by chapter 264 of the laws of 2003, is amended  to
read as follows:
  Acting  either  alone or with one or more other persons, he commits or
attempts to commit robbery, burglary, kidnapping,  arson,  rape  in  the

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first  degree,  criminal sexual act in the first degree, sexual abuse in
the first degree, aggravated sexual abuse, SERIAL SEXUAL ASSAULT, escape
in the first degree, or escape in the second degree, and, in the  course
of  and  in  furtherance of such crime or of immediate flight therefrom,
he, or another participant, if there be  any,  causes  the  death  of  a
person  other  than  one  of the participants; except that in any prose-
cution under this subdivision, in which the defendant was not  the  only
participant  in  the underlying crime, it is an affirmative defense that
the defendant:
  S 7. Subparagraph (vii) of paragraph (a) of subdivision 1  of  section
125.27  of the penal law, as amended by chapter 264 of the laws of 2003,
is amended to read as follows:
  (vii) the victim was killed while the defendant was in the  course  of
committing  or  attempting  to  commit  and  in  furtherance of robbery,
burglary in the first degree or second degree, kidnapping in  the  first
degree,  arson  in  the first degree or second degree, rape in the first
degree, criminal sexual act in the first degree,  sexual  abuse  in  the
first degree, aggravated sexual abuse in the first degree, SERIAL SEXUAL
ASSAULT  or escape in the first degree, or in the course of and further-
ance of immediate flight after committing or attempting  to  commit  any
such crime or in the course of and furtherance of immediate flight after
attempting  to commit the crime of murder in the second degree; provided
however, the victim is not a participant in one  of  the  aforementioned
crimes  and,  provided  further  that,  unless  the defendant's criminal
liability under this subparagraph is based  upon  the  defendant  having
commanded  another  person  to cause the death of the victim or intended
victim pursuant to section 20.00  of  this  chapter,  this  subparagraph
shall  not  apply where the defendant's criminal liability is based upon
the conduct of another pursuant to section 20.00 of this chapter; or
  S 8. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.