|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 24, 2013||referred to codes|
senate Bill S2875
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2875 - Details
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
BILL NUMBER:S2875 TITLE OF BILL: An act to amend the penal law, in relation to increasing the penalties for the rape or sexual assault of a child PURPOSE: A bill to amend the laws relating to the rape of a child in order to increase the jail time the offender receives. SUMMARY OF PROVISIONS: Section 1 amends subdivision 3 of section 70.02 of the penal law, as amended by chapter 765 of the laws of 2005. This section is amended to create mandatory jail time, in the form of a sentence of twelve and one-half to twenty-five years, for all offenders who are convicted of raping children five years old or younger. Section 2 amends several sections of the penal law. These sections are amended to create mandatory jail time for all offenders who are convicted of sexual assault against children five years old and younger. Also provides that the crime of sexual assault against a child five years of age or less will stand and serve as a predicate felony offense in subsequent sentencing procedures against a defendant. Also provides that in subsequent convictions relating to sexual assault against a child five years or age or less, where the convicted party has a qualifying predicate felony offense of sexual assault against a child of a Class B of Class C felony offense, the court shall impose an inde-
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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