senate Bill S5869

Signed By Governor
2013-2014 Legislative Session

Provides that an assault of a child where the defendant has a previous conviction for an assault of a child shall be an assault in the first degree

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Archive: Last Bill Status Via A2623 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 29, 2013 signed chap.172
Jul 19, 2013 delivered to governor
Jun 21, 2013 returned to assembly
passed senate
3rd reading cal.1631
substituted for s5869
Jun 21, 2013 substituted by a2623a
ordered to third reading cal.1631
Jun 18, 2013 referred to rules

Votes

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S5869 - Bill Details

See Assembly Version of this Bill:
A2623A
Law Section:
Penal Law
Laws Affected:
Amd ยง120.12, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A9488

S5869 - Bill Texts

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Provides that an assault of a child where the defendant has a previous conviction for an assault or an attempted assault of a child shall be an assault in the first degree.

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BILL NUMBER:S5869

TITLE OF BILL: An act to amend the penal law, in relation to assault
of a child

PURPOSE:

This bill increases the time frame for which previous convictions of
an assault of a child can be considered for convicting an individual
of the crime of aggravated assault upon a person less than eleven
years old.

SUMMARY OF PROVISIONS:

Section 1 states that this act shall be known and may be cited as Jay
J's Law.

Section 2 amends section 120.12 of the penal law as added by chapter
477 of the laws of 1990 to state that a person is guilty of aggravated
assault upon a person less than eleven 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 years old and has been previously convicted of
such crime upon a person less than eleven years old within the
preceding ten years.

JUSTIFICATION:

This bill aims to protect victims of child abuse by increasing the
look back time for previous convictions when charging an individual
with aggravated assault on a child. This bill will fix a gap in state
law wherein persons convicted of a violent assault upon a child any
more than three years after a prior assault is treated as an isolated
incident.

In 2011 in North Tonawanda, NY, an infant boy named Jay J Bolvin was
beaten by his father, Jeremy J. Bolvin, and was left with 11 fractured
bones and epilepsy. Jeremy J. Bolvin secured a plea bargain of
third-degree assault and attempted second-degree assault and was
sentenced to 1 1/3-to-four years in prison. This was the maximum
sentence that could be imposed by the judge. However, in 2007, Bolvin
was convicted of assault in the third degree after beating another one
of his sons and breaking his arm. This shows a clearly defined pattern
of abuse.

This bill will acknowledge the problems with repeat violent offenders.
Under the bill, an adult will be charged with aggravated assault upon
a Person less than eleven years old, if he or she was previously
convicted of assault after hurting a child within the preceding seven
years. This measure strengthens state law by expanding the time window
for an aggravated assault charge from three to ten years. This bill
honors young Jay J, who struggles every day to recover from the severe
injuries he endured. Jay J suffers from Lennox-Gastaut Syndrome, a
neurological condition that causes seizures. According to reports,
doctors believe Jay J developed the disease after being abused by his
father as an infant. He still suffers 20 to 30 seizures a day and it
is likely he will have some cognitive troubles throughout his life.


LEGISLATIVE HISTORY:

2012: S.6508 Passed Senate/A.9488 Held for consideration in Codes.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  5869

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the penal law, in relation to assault of a child

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

  Section 1. This act shall be known and may be cited as "Jay J's law".
  S  2.  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 years old.
  A person is guilty of aggravated assault upon a person less than elev-
en 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  years  old  and  has  been
previously  convicted of such crime upon a person less than eleven years
old within the preceding [three] TEN years.
  Aggravated assault upon a person less than eleven years old is a class
E felony.
  S 3. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02438-10-3

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