S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1768

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

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.
                                                           LBD01786-01-1