Assembly Bill A2323

2023-2024 Legislative Session

Enacts "Jessica Lunsford act" relating to enhancing the class A-II felony of predatory sexual assault against a child

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Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A2323 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.00, 70.06 & 130.96, Pen L; amd §259-c, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10262
2019-2020: A3392
2021-2022: A3748

2023-A2323 (ACTIVE) - Summary

Enacts "Jessica Lunsford act" relating to enhancing the class A-II felony of predatory sexual assault against a child by expanding the acts to which such offense applies; establishes a mandatory sentence of 25 years to life term of imprisonment; requires electronic monitoring of inmates upon release from prison.

2023-A2323 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2323
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  penal law and the executive law, in relation to
   enacting the "Jessica  Lunsford  act"  relating  to  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. Short title. This act shall be known and may  be  cited  as
 the "Jessica Lunsford act".
   §  2.  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 EXCEPT THAT 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 TWENTY-FIVE YEARS.
   § 3. 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04133-01-3
              

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