S T A T E O F N E W Y O R K
________________________________________________________________________
9091
I N A S S E M B L Y
January 31, 2022
___________
Introduced by M. of A. LAWLER -- read once and referred 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
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 TWENTY-FIVE YEARS AND THE MAXIMUM TERM SHALL BE LIFE IMPRISONMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03465-01-1
A. 9091 2
§ 3. Subdivision 1 of section 70.40 of the penal law is amended by
adding a new paragraph (d) to read as follows:
(D) A PERSON WHO HAS BEEN PAROLED AFTER SERVING A SENTENCE OF IMPRI-
SONMENT FOR THE CRIME OF PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS
DEFINED IN SECTION 130.96 OF THIS CHAPTER SHALL BE UNDER THE SUPERVISION
OF THE STATE BOARD OF PAROLE FOR THE DURATION OF THEIR LIFETIME.
§ 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.