Senate Bill S1529

                                
 
BILL NUMBER: S1529

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the penal law, in relation to assault of a child

 
PURPOSE:

This bill increases the penalties for persons convicted of assault or
aggravated assault against a child if that person has a previous or
previous convictions for similar crimes.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 120.10 subdivision 4 of the penal law and adds
new subdivision 5 to require that a person is guilty of assault in the
first degree if that person, with intent to cause physical injury to a
person less than eleven years old, recklessly causes serious physical
injury to such person, and has previously been convicted of assault or
attempted assault in the first, second and third degree against a person
              

less than eleven years old, or has previously been convicted of reckless
assault of a child or attempted reckless assault of a child.

Section 2 amends section 120.12 of the penal law by designating current
language as section 1 and requires that a person is guilty of aggravated
assault upon a person less than eleven years old when the defendant
commits the crime of assault in the third degree upon a person less than
eleven years old and has been previously convicted of such a crime with-
in the preceding ten years, instead of the current three years. This
section also changes the offense of aggravated assault upon a person
less than eleven years old from a class E felony to a class D felony.

Also amends section 120.12 of the penal law by adding subdivision 2,
which requires that aggravated assault upon a person less than eleven
years old shall be a class B felony if the person convicted has previ-
ously been convicted of aggravated assault upon a person less than elev-
en years old.

 
JUSTIFICATION:

This bill aims to protect victims of child abuse by strengthening penal-
ties against violent offenders who hurt children. This bill will fix a
gap in state law wherein persons convicted of repeat violent assaults
upon children are given light sentences, despite the great deal of
damage done to the child.

In 2011 in North Tonawanda, NY, an infant boy named Jay J. Bolvin was
beaten by his father, Jeremy J. Bolvin, and was left with 11 fractured
bones and epilepsy. Jeremy J. Bolvin secured a plea bargain of third-de-
gree assault and attempted second-degree assault and was sentenced to 1
1/3-to-four years in prison. This was the maximum sentence that could be
imposed by the judge. However, in 2007, Bolvin was convicted of assault
in the third degree after beating another one of his sons and breaking
his arm. This shows a clearly defined pattern of abuse.

This bill will strengthen penalties against repeat violent offenders.


Under the bill, an adult will be charged with aggravated assault upon a
person less than eleven years old, if he or she was previously convicted
of assault after hurting a child within the preceding 10 years. This
measure strengthens state law by expanding the time window for an aggra-
vated assault charge from three to 10 years.

The legislation would also amend the penal law to make aggravated
assault upon a person less than eleven years old a class D felony.  If,
after release from prison, a third child abuse offense occurs, the
aggravated assault charge will become a class B felony. Class D felonies
carry a maximum sentence of 7 years, while a class B felony has a maxi-
mum sentence of 25 years.

This bill honors young Jay J, who struggles every day to recover from
the severe injuries he endured. Jay J suffers from Lennox-Gastaut
Syndrome, a neurological condition that causes seizures. According to
reports, doctors believe Jay J developed the disease after being abused
by his father as an infant. He still suffers 20 to 30 seizures a day and
it is likely he will have some cognitive troubles throughout his life.

 
LEGISLATIVE HISTORY:

2012: S.6508 Passed Senate/A.9488 Held for consideration in Codes

2013-14: S.530 PASSED SENATE died in assembly 01/08/14 REFERRED TO CODES

2015-16: S.657 PASSED SENATE

2017-18: S.681

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.