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.