S T A T E O F N E W Y O R K
________________________________________________________________________
3392
2019-2020 Regular Sessions
I N A S S E M B L Y
January 29, 2019
___________
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03099-01-9
A. 3392 2
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
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.