S T A T E   O F   N E W   Y O R K
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                                  6158

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 15, 2013
                               ___________

Introduced by M. of A. TEDISCO, McDONOUGH -- Multi-Sponsored by -- M. of
  A.  BARCLAY,  BUTLER,  CERETTO,  CROUCH,  FINCH,  FITZPATRICK, GIGLIO,
  HAWLEY, KOLB, P. LOPEZ, McKEVITT,  McLAUGHLIN,  OAKS,  PALMESANO,  RA,
  RABBITT,  RAIA,  REILICH,  SALADINO,  TENNEY,  THIELE -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to sentence  of  imprisonment
  for the offense 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 AND THE MAXIMUM TERM
SHALL BE LIFE IMPRISONMENT.
  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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08099-01-3
              

A. 6158                             2

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
IN  SECTION 130.96 OF THIS CHAPTER SUCH MINIMUM PERIOD SHALL BE NOT LESS
THAN TWENTY-FIVE YEARS AND THE MAXIMUM TERM SHALL BE LIFE IMPRISONMENT.
  S 3. Subdivision 1 of section 70.40 of the penal  law  is  amended  by
adding a new paragraph (d) to read as follows:
  (D)  A  PERSON WHO HAS BEEN PAROLED AFTER SERVING A SENTENCE OF IMPRI-
SONMENT FOR THE CRIME OF PREDATORY SEXUAL ASSAULT  AGAINST  A  CHILD  AS
DEFINED IN SECTION 130.96 OF THIS CHAPTER SHALL BE UNDER THE SUPERVISION
OF THE STATE BOARD OF PAROLE FOR THE DURATION OF THEIR LIFETIME.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.