Assembly Bill A11157

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11157
 
                           I N  A S S E M B L Y
 
                             December 4, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to increasing the penalty for
   predatory sexual assault against a child to imprisonment for a minimum
   of twenty-five years
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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.
   Predatory sexual assault against a child is a class [A-II] A felony.
   § 2. 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:
   (a) In the case of a class A felony, the minimum period shall be fixed
 by  the court and specified in the sentence, EXCEPT THAT FOR THE CLASS A
 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 TWEN-
 TY-FIVE YEARS NOR MORE THAN LIFE IMPRISONMENT.
   (i) For a class A-I felony, such minimum period shall not be less than
 fifteen years nor more than twenty-five years; provided,  however,  that
 (A)  where  a sentence, other than a sentence of death or life imprison-
 ment without parole, is imposed upon a defendant convicted of murder  in
 the first degree as defined in section 125.27 of this chapter such mini-
 mum period shall be not less than twenty years nor more than twenty-five
 years,  and,  (B) where a sentence is imposed upon a defendant convicted
 of murder in the second degree as defined in subdivision five of section
 125.25 of this chapter or convicted of aggravated murder as  defined  in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17383-02-0

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 section  125.26 of this chapter, the sentence shall be life imprisonment
 without parole, and, (C) where a sentence is imposed  upon  a  defendant
 convicted  of attempted murder in the first degree as defined in article
 one  hundred  ten of this chapter and subparagraph (i), (ii) or (iii) of
 paragraph (a) of subdivision one and paragraph (b) of subdivision one of
 section 125.27 of this chapter or attempted aggravated murder as defined
 in article one hundred ten of this chapter and section  125.26  of  this
 chapter such minimum period shall be not less than twenty years nor more
 than forty years.
   (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.
   § 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.
   § 4. Paragraph (a) of subdivision 3 of section 70.08 of the penal law,
 as amended by section 7 of chapter 107 of the laws of 2006,  is  amended
 to read as follows:
   (a)  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], the minimum period must be twenty-five years;
   § 5. Paragraph (a) of subdivision 3 of section 70.08 of the penal law,
 as  amended  by section 8 of chapter 107 of the laws of 2006, is amended
 to read as follows:
   (a) 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], the minimum period must be twenty-five years;
   § 6. Subdivision 3 of section 70.80 of the  penal  law,  as  added  by
 chapter 7 of the laws of 2007, is amended to read as follows:
   3.  Except  as provided by subdivision four, five, six, seven or eight
 of this section, or when a defendant is being sentenced for a conviction
 of the class A-II [felonies] FELONY of  predatory  sexual  assault  [and
 predatory  sexual  assault  against  a  child]  as defined in [sections]
 SECTION 130.95 [and 130.96] of this chapter,  [or]  for  any  class  A-I
 sexually  motivated  felony  for which a life sentence or a life without
 parole sentence must be imposed, OR FOR THE CLASS A FELONY OF  PREDATORY
 SEXUAL  ASSAULT  AGAINST  A  CHILD,  a sentence imposed upon a defendant
 convicted of a felony sex offense shall be a determinate  sentence.  The
 determinate  sentence  shall  be  imposed  by the court in whole or half
 years, and shall include as a part  thereof  a  period  of  post-release
 supervision  in  accordance  with  subdivision two-a of section 70.45 of
 this article. Persons eligible for sentencing  under  section  70.07  of

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 this  article  governing  second  child sexual assault felonies shall be
 sentenced under such section and paragraph (j) of subdivision  two-a  of
 section 70.45 of this article.
   § 7. This act shall take effect on the first of November next succeed-
 ing  the  date  on  which  it shall have become a law; provided that the
 amendments to paragraph (a) of subdivision 3 of  section  70.08  of  the
 penal law made by section four of this act shall be subject to the expi-
 ration and reversion of such subdivision pursuant to section 74 of chap-
 ter  3  of  the  laws  of  1995,  as  amended,  when  upon such date the
 provisions of section five of this act shall take effect.