NY State Senate Bill 2023-S8377

Current Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2024	referred to codes

2023-S8377 (ACTIVE) - Details

See Assembly Version of this Bill:: A6491
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Rpld §130.35 sub 3, §130.50 sub 3, amd Pen L, generally; amd §168-a, Cor L

2023-S8377 (ACTIVE) - Summary

Enacts "Kimberly's Law" establishing certain sex offenses, including sex offenses against children; relates to criminal sentencing for defendants convicted of certain sex offenses; repeals certain laws relating to sex offenses against children.

2023-S8377 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8377

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the penal law and the correction law, in relation to
establishing certain sex offenses and criminal sentencing for defendants
convicted of certain sex offenses; to repeal subdivision 3 of section
130.35 of the penal law, relating to rape of a child less than 11 years
old; and to repeal subdivision 3 of section 130.50 of the penal law,
relating to a criminal sexual act with a child less than 11 years old

 
PURPOSE:

The purpose of this bill is to establish new sex offenses and new
sentencing guidelines for defendants, including sex offenses committed
against children.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill sets forth the title.

Section 2 creates a new section of the penal law establishing the crime
of "aggravated rape."

Section 3 of the penal law adds a new subsection of the penal law
setting forth the punishment of certain felony sex offenses.

Section 4 amends section 70.00 of the penal law to impose a penalty of
twenty-five years to life imprisonment on a defendant convicted of rape
of a child, criminal sexual act against a child, aggravated sexual abuse
of a child, aggravated course of sexual conduct against a child.

Section 5. amends section 125.25 of the penal law to establish penalties
for the crimes of rape of a child, criminal sexual act against a child,
aggravated sexual abuse of a child, aggravated course of sexual conduct
against a child if the perpetrator is 18 years old or older.

Section 6 repeals section 130.35 of the penal law.

Section 7 amends the penal law by adding section 130.36 which defines
rape of a child to include acts committed against children under 12, and
under 14 if the perpetrator is 21 or older; makes the crime an A-I felo-
ny.

Section 8 repeals section 130.50 of the penal law

Section 9 amends the penal law by adding section 130.51 which defines
criminal sexual act against a child to include acts committed against
children under 12, and under 14 if the perpetrator is 21 or older; makes
the crime an A-1 felony.

Section 10 defines the crime of aggravated sexual abuse.

Section 11 amends the penal law by adding section 130.71 which defines
aggravated sexual abuse of a child to include acts committed against
children under 12, and under 14 if the perpetrator is 21 or older; makes
the crime an A-1 felony.

Section 12 defines the crime of course of sexual conduct against a
child.

Section 13 amends the penal law by adding section 130.81 which defines
aggravated course of sexual conduct against a child to include acts
committed against children under 12, and under 14 if the perpetrator is
21 or older; makes the crime an A-1 felony.

Section 14 amends section 168-a of the correction law to include the
aforementioned crimes under the sexual offender registration act.

Section 15 establishes the effective date.

 
EXISTING LAW:

New Bill.

 
JUSTIFICATION:

In the wake of several horrifying sex crimes, including ones against
children, it has become clear that the existing penalties for such
heinous crimes do not fit the crime. Considering the lasting physical,
emotional and psychological trauma the victim endures, combined with the
high rate of recidivism among sex offenders, it is necessary to enact a
law that provides New York's victims with the protection they need and
deserve.

In 1998, Kimberly Morton, then a resident of Tennessee, was brutally
raped and beaten by her neighbor, Carlos Thomas. After raping Kimberlee,
Mr. Thomas stabbed her multiple times in the neck and side with a butch-
er knife. After the rape occurred, Mr. Thomas proceeded to pour bleach
on Kimberlee, causing severe bums to Ms. Morton's flesh. Carlos Thomas
was charged with attempted murder and aggravated rape. He pled guilty
and was given a sentence of only 15 years in prison, serving a mere 12
of those 15 years due to "good behavior." Due to the light sentence and
early release of her assailant, Kimberlee set out to change the state of
Tennessee's penal law by providing that an individual found guilty of
committing aggravated rape serves 100% of the time determined by a judge
at sentencing. Now a resident of New York, it is Kimberlee's desire to
assist rape victims by having all 50 states adopt a law similar to that
of Tennessee. This bill seeks to accomplish that goal by creating new
criminal offenses, including aggravated rape, as well as set new
sentencing guidelines to keep these criminals off the street to victim-
ize others.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall take effect the first of November after it shall become
a law.

2023-S8377 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8377
 
                             I N  S E N A T E
 
                             January 25, 2024
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law and the correction  law,  in  relation  to
   establishing  certain sex offenses and criminal sentencing for defend-
   ants convicted of certain sex offenses; to  repeal  subdivision  3  of
   section 130.35 of the penal law, relating to rape of a child less than
   11  years  old;  and  to repeal subdivision 3 of section 130.50 of the
   penal law, relating to a criminal sexual act with a child less than 11
   years old
 
   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
 "Kimberly's law".
   § 2. The penal law is amended by adding a new section 130.36  to  read
 as follows:
 § 130.36 AGGRAVATED RAPE.
   A PERSON IS GUILTY OF AGGRAVATED RAPE WHEN HE OR SHE ENGAGES IN SEXUAL
 INTERCOURSE WITH ANOTHER PERSON:
   1. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY; AND
   2.  SUCH PERSON IS ARMED WITH A DEADLY WEAPON OR DANGEROUS INSTRUMENT,
 OR ANY OBJECT USED IN A MANNER TO LEAD THE VICTIM TO REASONABLY  BELIEVE
 SUCH OBJECT TO BE A DEADLY WEAPON OR DANGEROUS INSTRUMENT; AND
   (A) BY FORCIBLE COMPULSION; OR
   (B)  SUCH VICTIM IS INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY
 HELPLESS; OR
   (C) SUCH VICTIM IS LESS THAN ELEVEN YEARS OLD; OR
   (D) SUCH VICTIM IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGH-
 TEEN YEARS OLD OR MORE.
   AGGRAVATED RAPE IS A CLASS A FELONY.
   § 3. Section 70.80 of the penal law is amended by adding a new  subdi-
 vision 10 to read as follows:
   10.  SENTENCE  OF  IMPRISONMENT  FOR AN OFFENDER OF CERTAIN FELONY SEX
 OFFENSES. AN OFFENDER CONVICTED OF RAPE IN THE FIRST DEGREE PURSUANT  TO
 SECTION  130.35  OF  THIS CHAPTER OR AN OFFENDER CONVICTED OF AGGRAVATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10272-01-3
 S. 8377                             2
 
 RAPE PURSUANT TO SECTION 130.36 OF THIS CHAPTER SHALL  NOT  BE  RELEASED
 PURSUANT  TO  SECTION  70.40 OF THIS ARTICLE UNTIL SUCH MINIMUM SENTENCE
 SHALL HAVE BEEN SERVED.
   §  4.  Subparagraph  (i)  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:
   (i) For a class A-I felony, such minimum period shall not be less than
 fifteen  years  nor more than twenty-five years; provided, however, that
 (A) where a sentence, other than a sentence of death or  life  imprison-
 ment  without parole, is imposed upon a defendant convicted of murder in
 the first degree as defined in section 125.27 of this chapter such mini-
 mum period shall be not less than twenty years nor more than twenty-five
 years, and, (B) where a sentence is imposed upon a  defendant  convicted
 of murder in the second degree as defined in subdivision five of section
 125.25  of  this chapter or convicted of aggravated murder as defined in
 section 125.26 of this chapter, the sentence shall be life  imprisonment
 without  parole,  and,  (C) where a sentence is imposed upon a defendant
 convicted of attempted murder in the first degree as defined in  article
 one  hundred  ten of this chapter and subparagraph (i), (ii) or (iii) of
 paragraph (a) of subdivision one and paragraph (b) of subdivision one of
 section 125.27 of this chapter or attempted aggravated murder as defined
 in article one hundred ten of this chapter and section  125.26  of  this
 chapter such minimum period shall be not less than twenty years nor more
 than  forty years, AND, (D) WHERE A SENTENCE IS IMPOSED UPON A DEFENDANT
 CONVICTED OF RAPE OF A CHILD AS  DEFINED  IN  SECTION  130.37,  CRIMINAL
 SEXUAL  ACT  AGAINST  A  CHILD  AS DEFINED IN SECTION 130.51, AGGRAVATED
 SEXUAL ABUSE OF A CHILD AS  DEFINED  IN  SECTION  130.71  OR  AGGRAVATED
 COURSE OF SEXUAL CONDUCT AGAINST A CHILD AS DEFINED IN SECTION 130.81 OF
 THIS CHAPTER SUCH MINIMUM PERIOD SHALL BE TWENTY YEARS.
   §  5.  Subdivision 5 of section 125.25 of the penal law, as amended by
 chapter 320 of the laws of 2006, is amended to read as follows:
   5. Being eighteen years old or more, while in the course of committing
 rape in the first, second or third degree, criminal sexual  act  in  the
 first, second or third degree, sexual abuse in the first degree, RAPE OF
 A CHILD, CRIMINAL SEXUAL ACT AGAINST A CHILD, AGGRAVATED SEXUAL ABUSE OF
 A CHILD, AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A CHILD, aggravated
 sexual  abuse in the first, second, third or fourth degree, or incest in
 the first, second or third degree, against a person less  than  fourteen
 years old, he or she intentionally causes the death of such person.
   § 6. Subdivision 3 of section 130.35 of the penal law is REPEALED.
   §  7.  The penal law is amended by adding a new section 130.37 to read
 as follows:
 § 130.37 RAPE OF A CHILD.
   A PERSON IS GUILTY OF RAPE OF A CHILD WHEN:
   1. HE OR SHE ENGAGES IN SEXUAL INTERCOURSE WITH ANOTHER PERSON WHO  IS
 LESS THAN TWELVE YEARS OLD; OR
   2.  BEING  TWENTY-ONE  YEARS  OLD OR MORE, HE OR SHE ENGAGES IN SEXUAL
 INTERCOURSE WITH ANOTHER PERSON LESS THAN FOURTEEN YEARS OLD.
   RAPE OF A CHILD IS A CLASS A-I FELONY.
   § 8. Subdivision 3 of section 130.50 of the penal law is REPEALED.
   § 9. The penal law is amended by adding a new section 130.51  to  read
 as follows:
 § 130.51 CRIMINAL SEXUAL ACT AGAINST A CHILD.
   A PERSON IS GUILTY OF CRIMINAL SEXUAL ACT AGAINST A CHILD WHEN:
   1.  HE  OR  SHE  ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
 WITH ANOTHER PERSON WHO IS LESS THAN TWELVE YEARS OLD; OR
 S. 8377                             3
 
   2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL SEXU-
 AL CONDUCT OR ANAL SEXUAL CONDUCT WITH ANOTHER PERSON WHO IS  LESS  THAN
 FOURTEEN YEARS OLD.
   CRIMINAL SEXUAL ACT AGAINST A CHILD IS A CLASS A-I FELONY.
   §  10. Subdivision 1 of section 130.70 of the penal law, as amended by
 chapter 450 of the laws of 1988, the opening  paragraph  as  amended  by
 chapter 485 of the laws of 2009, is amended to read as follows:
   1.  A  person is guilty of aggravated sexual abuse in the first degree
 when he or she inserts a foreign object in the vagina,  urethra,  penis,
 rectum or anus of another person causing physical injury to such person:
   (a) By forcible compulsion; or
   (b) When the other  person  is incapable of consent by reason of being
 physically helpless[; or
   (c) When the other person is less than eleven years old].
   § 11. The penal law is amended by adding a new section 130.71 to  read
 as follows:
 § 130.71 AGGRAVATED SEXUAL ABUSE OF A CHILD.
   1. A PERSON IS GUILTY OF AGGRAVATED SEXUAL ABUSE OF A CHILD WHEN:
   (A)  HE OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA, URETHRA, PENIS,
 RECTUM OR ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH  PERSON
 WHEN SUCH OTHER PERSON IS LESS THAN TWELVE YEARS OLD; OR
   (B)  BEING  TWENTY-ONE  YEARS OLD OR MORE, HE OR SHE INSERTS A FOREIGN
 OBJECT IN THE VAGINA, URETHRA, PENIS, RECTUM OR ANUS OF  ANOTHER  PERSON
 CAUSING  PHYSICAL  INJURY  TO SUCH PERSON WHEN SUCH OTHER PERSON IS LESS
 THAN FOURTEEN YEARS OLD.
   2. CONDUCT PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE  THE
 PROVISIONS OF THIS SECTION.
   AGGRAVATED SEXUAL ABUSE OF A CHILD IS A CLASS A-I FELONY.
   §  12. Subdivision 1 of section 130.75 of the penal law, as amended by
 chapter 1 of the laws of 2000, paragraphs (a)  and  (b)  as  amended  by
 chapter 264 of the laws of 2003, is amended to read as follows:
   1.  A  person is guilty of course of sexual conduct against a child in
 the first degree when, over a period of time not less than three  months
 in duration[:
   (a)  he  or  she  engages in two or more acts of sexual conduct, which
 includes at least one act of sexual intercourse,  oral  sexual  conduct,
 anal sexual conduct or aggravated sexual contact, with a child less than
 eleven years old; or
   (b)],  he  or she, being eighteen years old or more, engages in two or
 more acts of sexual conduct, which include at least one  act  of  sexual
 intercourse,  oral  sexual  conduct,  anal  sexual conduct or aggravated
 sexual contact, with a child less than thirteen years old.
   § 13. The penal law is amended by adding a new section 130.81 to  read
 as follows:
 § 130.81 AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A CHILD.
   1. A PERSON IS GUILTY OF AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A
 CHILD  WHEN,  OVER  A PERIOD OF TIME NOT LESS THAN THREE MONTHS IN DURA-
 TION:
   (A) HE OR SHE ENGAGES IN TWO OR MORE ACTS  OF  SEXUAL  CONDUCT,  WHICH
 INCLUDES  AT  LEAST  ONE ACT OF SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT,
 ANAL SEXUAL CONDUCT OR AGGRAVATED SEXUAL CONTACT, WITH A CHILD LESS THAN
 TWELVE YEARS OLD; OR
   (B) HE OR SHE, BEING TWENTY-ONE YEARS OLD OR MORE, ENGAGES IN  TWO  OR
 MORE  ACTS  OF SEXUAL CONDUCT, WHICH INCLUDES AT LEAST ONE ACT OF SEXUAL
 INTERCOURSE, ORAL SEXUAL CONDUCT,  ANAL  SEXUAL  CONDUCT  OR  AGGRAVATED
 SEXUAL CONTACT, WITH A CHILD LESS THAN FOURTEEN YEARS OLD.
 S. 8377                             4
 
   2.  A  PERSON  MAY NOT BE SUBSEQUENTLY PROSECUTED FOR ANY OTHER SEXUAL
 OFFENSE INVOLVING THE SAME  VICTIM  UNLESS  THE  OTHER  CHARGED  OFFENSE
 OCCURRED OUTSIDE THE TIME PERIOD CHARGED UNDER THIS SECTION.
   AGGRAVATED  COURSE  OF  SEXUAL  CONDUCT AGAINST A CHILD IS A CLASS A-I
 FELONY.
   § 14. Subparagraph (i) of paragraph (a) of subdivision  3  of  section
 168-a  of  the  correction law, as amended by chapter 107 of the laws of
 2006, is amended to read as follows:
   (i) a conviction of or a conviction for an attempt to  commit  any  of
 the  provisions  of  sections  130.35,  130.36,  130.37, 130.50, 130.51,
 130.65, 130.66, 130.67, 130.70, 130.71, 130.75, 130.80,  130.81,  130.95
 and 130.96 of the penal law, or
   §  15.  This  act  shall  take  effect  on  the first of November next
 succeeding the date upon which it shall have become a law.

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Senate Bill S8377

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

2023-S8377 (ACTIVE) - Details

2023-S8377 (ACTIVE) - Summary

2023-S8377 (ACTIVE) - Sponsor Memo

2023-S8377 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8377

Share this bill

Sponsored By

Joseph A. Griffo

Current Bill Status - In Senate Committee Codes Committee

2023-S8377 (ACTIVE) - Details

2023-S8377 (ACTIVE) - Summary

2023-S8377 (ACTIVE) - Sponsor Memo

2023-S8377 (ACTIVE) - Bill Text download pdf

Comments