senate Bill S2875

2013-2014 Legislative Session

Increases the penalties for the rape or sexual assault of a child five years of age or less

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Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to codes
Jan 24, 2013 referred to codes

S2875 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยงยง70.02 & 70.07, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3923
2009-2010: S5052

S2875 - Summary

Relates to the rape of a child; defines sexual assault of a child five years of age or less and increases penalties for such offense.

S2875 - Sponsor Memo

S2875 - Bill Text download pdf

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

                                  2875

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen.  SMITH  -- 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 increasing  the  penalties
  for the rape or sexual assault of a child

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

  Section 1. Paragraph (a) of subdivision 3  of  section  70.02  of  the
penal  law, as amended by chapter 765 of the laws of 2005, is amended to
read as follows:
  (a) For a class B felony, the term must be at  least  five  years  and
must not exceed twenty-five years, provided, however, that the term must
be:    (i) at least ten years and must not exceed thirty years where the
sentence is for the crime of aggravated assault upon a police officer or
peace officer as defined in section 120.11 of this chapter;  [and]  (ii)
at  least  ten years and must not exceed thirty years where the sentence
is for the crime of aggravated  manslaughter  in  the  first  degree  as
defined in section 125.22 of this chapter; AND (III) AT LEAST TWELVE AND
ONE-HALF  YEARS AND MUST NOT EXCEED TWENTY-FIVE YEARS WHERE THE SENTENCE
IS FOR THE CRIME OF RAPE IN THE  FIRST  DEGREE  AS  DEFINED  IN  SECTION
130.35 OF THIS CHAPTER WHERE THE VICTIM WAS A CHILD FIVE YEARS OF AGE OR
LESS;
  S  2.  Subdivisions  1,  2, 3 and 4 of section 70.07 of the penal law,
subdivisions 1, 2 and 3 as amended by chapter 264 of the laws  of  2003,
subdivision  4  as added by chapter 1 of the laws of 2000 and paragraphs
(a) and (b) of subdivision 4 as amended by chapter 107 of  the  laws  of
2006, are amended and a new subdivision 2-a is added to read as follows:
  1.  A  person  who  stands  convicted of a felony offense for a sexual
assault against a child OR FOR A SEXUAL ASSAULT  AGAINST  A  CHILD  FIVE
YEARS  OF  AGE  OR  LESS,  having  been  subjected to a predicate felony
conviction for a sexual assault against a child OR FOR A SEXUAL  ASSAULT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07219-01-3

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