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Senate Bill S5344

2013-2014 Legislative Session

Relates to terms of imprisonment and electronic monitoring of persons convicted of predatory sexual assault against a child

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2013-S5344 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง70.00, 70.06 & 65.10, Pen L
Versions Introduced in 2015-2016 Legislative Session:
S211

2013-S5344 (ACTIVE) - Summary

Relates to terms of imprisonment and electronic monitoring of persons convicted of predatory sexual assault against a child.

2013-S5344 (ACTIVE) - Sponsor Memo

2013-S5344 (ACTIVE) - Bill Text download pdf 

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

                                  5344

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen. MARTINS -- 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 terms of imprisonment  and
  electronic monitoring of persons convicted of predatory sexual assault
  against a child

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

  Section 1. Subparagraph (ii) of paragraph  (a)  of  subdivision  3  of
section 70.00 of the penal law, as amended by chapter 107 of the laws of
2006, is amended to read as follows:
  (ii)  For  a  class A-II felony, such minimum period shall not be less
than three years nor more than eight years four months, except that  for
the  class A-II felony of predatory sexual assault as defined in section
130.95 of this chapter [or the class A-II  felony  of  predatory  sexual
assault  against  a child as defined in section 130.96 of this chapter],
such minimum period shall be not less than ten years nor more than twen-
ty-five years, AND FOR THE CLASS A-II FELONY OF PREDATORY SEXUAL ASSAULT
AGAINST A CHILD AS DEFINED IN SECTION 130.96 OF THIS CHAPTER, SUCH MINI-
MUM PERIOD SHALL BE NOT LESS THAN TWENTY-FIVE YEARS.
  S 2. Paragraph (a) of subdivision 4 of section 70.06 of the penal law,
as amended by chapter 107 of the laws of 2006, is  amended  to  read  as
follows:
  (a)  The  minimum  period of imprisonment for a second felony offender
convicted of a class A-II felony must be fixed by the court at [no]  NOT
less than six years and not to exceed twelve and one-half years and must
be  specified  in the sentence, except that for the class A-II felony of
predatory sexual assault as defined in section 130.95  of  this  chapter
[or the class A-II felony of predatory sexual assault against a child as
defined in section 130.96 of this chapter], such minimum period shall be
not  less  than  ten  years nor more than twenty-five years, AND FOR THE
CLASS A-II FELONY OF PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS DEFINED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10274-02-3

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