S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10262
 
                           I N  A S S E M B L Y
 
                              March 27, 2018
                                ___________
 
 Introduced  by M. of A. BYRNE -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law and the  executive  law,  in  relation  to
   enacting  the  "Jessica  Lunsford  act"  relating  to 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.  Short  title. This act shall be known and may be cited as
 the "Jessica Lunsford act".
   § 2. 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  EXCEPT THAT 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 TWENTY-FIVE YEARS.
   § 3. 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
 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 EXCEPT THAT
 FOR 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.
              

                                                            LBD05754-01-7

 A. 10262                            2
 
 DEFINED  IN SECTION 130.96 OF THIS CHAPTER, SUCH MINIMUM PERIOD SHALL BE
 TWENTY-FIVE YEARS.
   §  4.  Section 130.96 of the penal law, as added by chapter 107 of the
 laws of 2006, is amended to read as follows:
 § 130.96 Predatory sexual assault against a child.
   A person is guilty of predatory sexual assault against a  child  when,
 being eighteen years old or more, he or she commits the crime of rape in
 the  first  degree,  criminal sexual act in the first degree, aggravated
 sexual abuse in the first degree, or course of sexual conduct against  a
 child  in  the first degree, as defined in this article, [and the victim
 is less than thirteen years old.] WHEN:
   1. THE VICTIM OF SUCH CRIME IS A CHILD LESS THAN THIRTEEN  YEARS  OLD;
 OR
   2.  THE  VICTIM  OF SUCH CRIME IS A CHILD NOT LESS THAN THIRTEEN YEARS
 OLD, NOR MORE THAN SIXTEEN YEARS OLD, AND
   (A) THE ACTOR IS RELATED TO SUCH VICTIM BY BLOOD OR  AFFINITY  TO  THE
 THIRD DEGREE, OR
   (B)  THE  ACTOR  HAS  SUPERVISORY  OR DISCIPLINARY AUTHORITY OVER SUCH
 VICTIM BY VIRTUE OF HIS  OR  HER  LEGAL,  PROFESSIONAL  OR  OCCUPATIONAL
 STATUS, OR
   (C)  THE ACTOR IS THE PARENT OR GUARDIAN OF SUCH VICTIM, OR IN A POSI-
 TION OF LOCO PARENTIS TO SUCH VICTIM; OR
   3. THE VICTIM OF SUCH CRIME IS A CHILD LESS THAN EIGHTEEN  YEARS  OLD,
 AND  SUCH  CRIME IS COMMITTED, ACTING ALONE OR WITH ONE OR MORE PERSONS,
 DURING THE COMMISSION OR  ATTEMPTED  COMMISSION  OF  BURGLARY,  ROBBERY,
 ARSON, KIDNAPPING, CRIMINAL ESCAPE OR A SEX OFFENSE; OR
   4.  THE  VICTIM OF SUCH CRIME IS A CHILD LESS THAN EIGHTEEN YEARS OLD,
 AND THE ACTOR DURING THE COURSE OF SUCH CRIME IS ARMED WITH A WEAPON, OR
 DANGEROUS INSTRUMENT, OR DISPLAYS WHAT APPEARS TO THE  VICTIM  TO  BE  A
 WEAPON  OR  DANGEROUS  INSTRUMENT,  OR  THREATENS THE USE OF A WEAPON OR
 DANGEROUS INSTRUMENT; OR
   5. THE VICTIM OF SUCH CRIME IS A CHILD LESS THAN EIGHTEEN  YEARS  OLD,
 AND  THE  ACTOR,  AIDED OR ABETTED BY ONE OR MORE PERSONS, USES PHYSICAL
 FORCE OR THREATENS THE USE OF PHYSICAL FORCE AGAINST THE VICTIM; OR
   6. THE VICTIM OF SUCH CRIME IS A CHILD LESS THAN  EIGHTEEN  YEARS  OLD
 WHO SUSTAINS SERIOUS PHYSICAL INJURY DURING THE COURSE OF SUCH CRIME; OR
   7.  THE  VICTIM  OF SUCH CRIME IS A CHILD LESS THAN EIGHTEEN YEARS OLD
 WHO IS MENTALLY DISABLED, MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS,
 AND THE ACTOR KNEW OR SHOULD HAVE KNOWN THAT SUCH  VICTIM  WAS  MENTALLY
 DISABLED, MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS.
   Predatory sexual assault against a child is a class A-II felony.
   §  5.  Section  259-c  of the executive law is amended by adding a new
 subdivision 14-a to read as follows:
   14-A. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,
 WHERE A PERSON SERVING A SENTENCE FOR PREDATORY SEXUAL ASSAULT AGAINST A
 CHILD,  AS  DEFINED  IN  SECTION 130.96 OF THE PENAL LAW, IS RELEASED ON
 PAROLE OR CONDITIONALLY RELEASED PURSUANT TO SUBDIVISION ONE OR  TWO  OF
 THIS  SECTION, THE BOARD SHALL REQUIRE, AS A MANDATORY CONDITION OF SUCH
 RELEASE, THAT SUCH PERSON SUBMIT TO THE USE OF AN ELECTRONIC  MONITORING
 OR  GLOBAL  POSITION  SATELLITE  TRACKING  DEVICE MONITORED BY THE BOARD
 THROUGHOUT THE PERIOD OF SUCH RELEASE OR SUCH PERSON'S  LIFE,  WHICHEVER
 SHALL TERMINATE EARLIER.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.