S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8488
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 7, 2019
                                ___________
 
 Introduced by M. of A. CROUCH -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to establishing the crime of
   aggravated 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. The penal law is amended by adding a new section 130.81 to
 read as follows:
 § 130.81 AGGRAVATED SEXUAL ASSAULT AGAINST A CHILD.
   1. A PERSON IS GUILTY OF AGGRAVATED SEXUAL  ASSAULT  AGAINST  A  CHILD
 WHEN SUCH PERSON, WHILE BEING EIGHTEEN YEARS OLD OR MORE:
   (A)  COMMITS A SPECIFIED OFFENSE WITH A CHILD LESS THAN THIRTEEN YEARS
 OLD;
   (B)  WHILE  KNOWINGLY  BEING  INFECTED  WITH  A  SEXUALLY  TRANSMITTED
 DISEASE; AND
   (C)  ACTUALLY  TRANSMITS  SUCH  SEXUALLY  TRANSMITTED  DISEASE TO SUCH
 CHILD.
   2. A "SPECIFIED OFFENSE" IS ANY OF THE FOLLOWING OFFENSES  DEFINED  IN
 THIS  ARTICLE:  RAPE  IN  THE FIRST DEGREE AS DEFINED IN SECTION 130.35,
 CRIMINAL SEXUAL ACT IN THE FIRST DEGREE AS DEFINED  IN  SECTION  130.50,
 AGGRAVATED  SEXUAL  ABUSE  IN  THE  FIRST  DEGREE  AS DEFINED IN SECTION
 130.70, COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE  AS
 DEFINED  IN  SECTION 130.75, OR PREDATORY SEXUAL ASSAULT AGAINST A CHILD
 AS DEFINED IN SECTION 130.96 OF THIS ARTICLE.
   3. A "SEXUALLY TRANSMITTED DISEASE" INCLUDES ANY DISEASE OR  INFECTION
 IDENTIFIED  IN THE LIST PROMULGATED BY THE COMMISSIONER OF HEALTH PURSU-
 ANT TO SECTION TWENTY-THREE HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW.
   AGGRAVATED SEXUAL ASSAULT  AGAINST  A  CHILD  IS  A  CLASS  E  FELONY.
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY SENTENCE
 IMPOSED  PURSUANT  TO  A  CONVICTION  UNDER THIS SECTION IS TO BE SERVED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13493-02-9
              

 A. 8488                             2
 
 CONSECUTIVE  TO  ANY  SENTENCE  IMPOSED  FOR  THE  UNDERLYING  SPECIFIED
 OFFENSE.
   § 2. Paragraph (d) of subdivision 1 of section 70.02 of the penal law,
 as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
 follows:
   (d) Class E violent felony offenses: an attempt to commit any  of  the
 felonies  of  criminal  possession  of  a  weapon in the third degree as
 defined in subdivision five, six, seven or eight of  section  265.02  OF
 THIS  CHAPTER as a lesser included offense of that section as defined in
 section 220.20 of the criminal procedure law, persistent sexual abuse as
 defined in section 130.53, aggravated sexual abuse in the fourth  degree
 as  defined  in  section  130.65-a,  AGGRAVATED SEXUAL ASSAULT AGAINST A
 CHILD AS DEFINED IN SECTION 130.81, falsely reporting an incident in the
 second degree as defined in section 240.55 and placing a false  bomb  or
 hazardous substance in the second degree as defined in section 240.61 OF
 THIS CHAPTER.
   §  3.  Subdivision  2 of section 70.25 of the penal law, as amended by
 chapter 56 of the laws of 1984, is amended to read as follows:
   2. When more than one sentence of imprisonment is imposed on a  person
 for  two or more offenses committed through a single act or omission, or
 through an act or omission  which  in  itself  constituted  one  of  the
 offenses  and  also  was a material element of the other, the sentences,
 except if one or more of such sentences is for a  violation  of  section
 270.20 OR 130.81 of this chapter, must run concurrently.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.