S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1855
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to removing  a  certain  time
   period for the crime of persistent sexual abuse
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 130.53 of the penal law, as amended by chapter  192
 of the laws of 2014, is amended to read as follows:
 § 130.53 Persistent sexual abuse.
   A  person  is guilty of persistent sexual abuse when he or she commits
 the crime of forcible touching, as defined in  section  130.52  of  this
 article,  sexual abuse in the third degree, as defined in section 130.55
 of this article, or sexual abuse in the second  degree,  as  defined  in
 section 130.60 of this article, and[, within the previous ten year peri-
 od, excluding any time during which such person was incarcerated for any
 reason,]  has  been  convicted  two  or more times, in separate criminal
 transactions for which sentence was imposed on  separate  occasions,  of
 forcible  touching, as defined in section 130.52 of this article, sexual
 abuse in the third degree as defined in section 130.55 of this  article,
 sexual  abuse in the second degree, as defined in section 130.60 of this
 article, or any offense defined in this article, of which the commission
 or attempted commission thereof is a felony.
   Persistent sexual abuse is a class E felony.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which this act shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03329-01-9