senate Bill S1456

2013-2014 Legislative Session

Changes the age of the victim of aggravated assault, penal law 120.12, from less than eleven to less than fourteen

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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 11, 2014 referred to codes
delivered to assembly
passed senate
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.749
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Apr 24, 2013 referred to codes
Apr 23, 2013 delivered to assembly
passed senate
Apr 22, 2013 ordered to third reading cal.383
reported and committed to rules
Jan 09, 2013 referred to codes

Votes

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May 13, 2014 - Codes committee Vote

S1456
15
1
committee
15
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Apr 22, 2013 - Rules committee Vote

S1456
23
1
committee
23
Aye
1
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Apr 22, 2013 - Codes committee Vote

S1456
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S1456 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §120.12, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4391A
2009-2010: S3804

S1456 - Bill Texts

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Changes the age of the intended victim of aggravated assault, penal law 120.12, from less than eleven to less than fourteen years.

view sponsor memo
BILL NUMBER:S1456

TITLE OF BILL:
An act
to amend the penal law, in relation to changing the age of the victim
intended for a specific crime of assault

PURPOSE:

To include eleven, twelve and thirteen year-olds within the
protections of the crime of aggravated assault.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends § 120.12 of the Penal Law to raise the
age of a victim of aggravated assault from eleven to fourteen. This
brings within the protections of the statute eleven, twelve and
thirteen year-olds. Assault in the second degree and Assault in the
first degree are added as new predicate crimes. In addition, the
look-back period for a predicate crime to trigger this aggravated
crime is extended to ten years from the current three.

Section 2 of the bill is the effective date.

JUSTIFICATION:

In 1990, the Legislature enacted § 120.12 of the Penal Law designed to
enhance the penalties for an adult (a person eighteen years of age or
older) who assaults a child (a person less than eleven years of age)
and thereby causes injury. This legislation expands on that very good
idea to broaden its protections to eleven, twelve and
thirteen year-olds and impose a longer period of time for a predicate
crime. The current statute is designed to punish as a felon any adult
who engages in successive misdemeanor assaults upon a child within a
three-year period.
The original sponsor believed § 120.12 was necessary to assist
prosecutors in child abuse cases where proof of intent was difficult
and most indictments were resulting in simple 3rd degree assault
convictions, a Class A misdemeanor.

According to the Division of Criminal Justice Services, in the ensuing
22 years, while prosecutions have increased somewhat, convictions
have not. Since a successful prosecution in 1996, 159 defendants have
been charged with aggravated assault upon a person less than eleven
years old without another single conviction. This evidence suggests
that as a plea bargaining tool this statute has a place, but as an
effective weapon in
a prosecutor's arsenal, its requires upgrading. By increasing the age
of the victim from "less than eleven years of age" to "less than
fourteen years of age", we bring under the protection of the statute
eleven, twelve and thirteen year-olds. In addition, by adding two
predicate crimes and extending the period for a predicate crime to
trigger a prosecution under the statute, we provide further
protection to children who have been subject to addition~l abuse over
a longer period of time.


The following is based on information in the Division of Criminal
Justice Services Computerized Criminal History database as of May 23,
2011:

o Since November 1, 1990, the effective date of this statute, there
have been 457 arrest events in which the defendant was charged with
at least One count of PL 120.12. This number includes arrests where
the PL 120.12 offense was the top charge or an underlying charge in
the arrests event and also includes completed and attempted versions
of the crime.

o There have been 26 cases in which the defendant was convicted of at
least one count of PL 120.12. This number includes convictions where
the PL 120.12 offense was the top conviction charge or an underlying
conviction charge and also includes completed and attempted versions
of the crime. (Two of the convictions resulted in a Youthful Offender
adjudication.)

o Two of the defendants convicted of PL 120.12 had previously been
convicted of PL 120.05 (assault in the second degree). (One of the PL
120.05 convictions resulted in a youthful offender adjudication.) No
cases were identified where a defendant convicted of PL 120.12 had
previously been convicted of PL 120.10 (assault in the first degree).

PRIOR LEGISLATION HISTORY:

2008: Passed Senate
2009: Senate Codes Committee
2010: Senate Codes Committee - Notice of Committee
Consideration Requested; Advanced to Third Reading
2011: Passed Senate
2012: Passed Senate

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall become a law.

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

                                  1456

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. FLANAGAN, GALLIVAN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to changing the  age  of  the
  victim intended for a specific crime of assault

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

  Section 1. 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]  FOURTEEN
           years old.
  A  person  is  guilty  of  aggravated  assault upon a person less than
[eleven] FOURTEEN 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] FOURTEEN
years  old  and  has  been  previously  convicted of [such crime] EITHER
ASSAULT IN THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF  THIS  ARTI-
CLE,  ASSAULT  IN THE SECOND DEGREE AS DEFINED IN SECTION 120.05 OF THIS
ARTICLE, OR ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION 120.10  OF
THIS  ARTICLE AND SUCH PRIOR CRIME WAS COMMITTED upon a person less than
[eleven] FOURTEEN years old within the preceding [three] TEN years.
  Aggravated assault upon a person less than [eleven] FOURTEEN years old
is a class E felony.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05627-01-3

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