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Senate Bill S383

2019-2020 Legislative Session

Relates to the penalty for the offense of predatory sexual assault against a child

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2019-S383 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.00, 70.06 & 70.40, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5610
2015-2016: S1083
2017-2018: S2088
2021-2022: S231
2023-2024: S3391
2025-2026: S2092

2019-S383 (ACTIVE) - Summary

Relates to the penalty for the offense of predatory sexual assault against a child; provides for lifetime parole for such felons.

2019-S383 (ACTIVE) - Sponsor Memo

2019-S383 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    383
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  TEDISCO, FUNKE -- 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 sentence  of  imprisonment
   for the offense of 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. 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 FOR THE CLASS A-II FELONY OF PREDATORY SEXUAL  ASSAULT
 AGAINST  A CHILD AS DEFINED IN SECTION 130.96 OF THIS CHAPTER SUCH MINI-
 MUM PERIOD SHALL BE NOT LESS THAN TWENTY-FIVE YEARS AND THE MAXIMUM TERM
 SHALL BE LIFE IMPRISONMENT.
   § 2. 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  AND  FOR  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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