Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 11, 2010 |
held for consideration in codes |
Apr 13, 2010 |
referred to codes |
Assembly Bill A10639
2009-2010 Legislative Session
Sponsored By
ROSENTHAL
Archive: Last 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
Actions
2009-A10639 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7434
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd ยง130.53, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A1768, S1365
2013-2014: A1060, S1222
2015-2016: A399, S2418
2017-2018: A1097, S5027
2019-2020: A755, S1855
2021-2022: A2130, S423
2023-2024: A461, S1951
2009-A10639 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10639 TITLE OF BILL: An act to amend the penal law, in relation to removing a certain time period for the crime of persistent sexual abuse PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to remove the ten year time period in relation to being defined as a person who has committed persistent sexual abuse. Previously, one who had committed the crime of forcible touching, sexual abuse in the third degree, or sexual abuse in the second degree, within a ten year period, would be guilty of persistent sexual abuse. SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends section 130.53 of the penal law Section 2. Establishes the effective date JUSTIFICATION: Sexual abuse is a serious issue. Preventative measures must be taken in order to protect the people of the great State of New York. Those who commit sexual abuses must know that such acts will not be tolerated, and the consequences for such acts should reflect that message accordingly. By allowing individuals to be convicted of a class E felony only if one commits the sexual abuses within a ten year period sends the wrong message and must be corrected. This legislation aims to correct this oversight.
2009-A10639 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10639 I N A S S E M B L Y April 13, 2010 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to removing a certain time period for the crime of persistent sexual abuse THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 130.53 of the penal law, as amended by chapter 264 of the laws of 2003, is amended to read as follows: S 130.53 Persistent sexual abuse. A person is guilty of persistent sexual abuse when he or she commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, and[, within the previous ten year peri- od,] has been convicted two or more times, in separate criminal trans- actions for which sentence was imposed on separate occasions, of forci- ble touching, as defined in section 130.52 of this article, sexual abuse in the third degree as defined in section 130.55 of this article, sexual abuse in the second degree, as defined in section 130.60 of this arti- cle, or any offense defined in this article, of which the commission or attempted commission thereof is a felony. Persistent sexual abuse is a class E felony. S 2. This act shall take effect on the first of November next succeed- ing the date on which this act shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15194-02-0
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