NY State Senate Bill 2013-S7303

Senate Bill S7303

2013-2014 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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Archive: Last 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
May 09, 2014	referred to codes

2013-S7303 (ACTIVE) - Details

Current Committee:: Senate 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:: 2015-2016: S2067
2017-2018: S878
2019-2020: S977

2013-S7303 (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.

2013-S7303 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7303

TITLE OF BILL:  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

PURPOSE:  To provide stricter penalties for those who are convicted of
the Class A-II felony of predatory sexual assault against a child.

SUMMARY OF PROVISIONS:

Section 1 provides that this act shall be known and may be cited as
the "Jessica Lunsford Act".

Section 2 establishes a minimum sentence of 25 years for those
convicted of the Class A-II felony of predatory sexual assault against
a child.

Section 3 provides that the minimum period of imprisonment for a
second felony offender convicted of the Class A-II felony of predatory
sexual assault against a child shall have a minimum sentence of 25
years.

Section 4 amends section 130.96 of the Penal Law to expand the
instances where a person can be found guilty of predatory sexual
assault against a child.

Section 5 amends section 259-c of the Executive Law by adding a new
subdivision 14-a to establish that when a person serving a sentence
for predatory sexual assault against a child is released on parole or
conditionally released, the board shall require, as a mandatory
condition of such release, that such person submit to the use of an
electronic monitoring or global position satellite tracking device
monitoring by the board throughout the period of such release or such
person's life, whichever shall terminate earlier.

Section 6 provides that this act shall take effect on the first of
November next succeeding the date on which it shall have become a law.

JUSTIFICATION:  Beginning in the early 1990's, increasingly strict
laws have been enacted to track, monitor, apprehend and punish sexual
predators. In 1994, the Jacob Wetterling Act established requirements
that sex offenders register their whereabouts with law enforcement
agencies.  Enacted in 1996, Megan's Law required public disclosure of
registry information. Subsequent amendments to the Wetterling Act
required states to post information about convicted sex offenders on
the Internet. (Sex Offense Recidivism, Risk Assessment, & the Adam
Walsh Act, Jill S. Levenson P.H.D., LCSW).

Despite having these laws in place, however, in 2005, Jessica
Lunsford, who was only nine years old, was abducted, sexually
assaulted multiple times, buried alive and murdered by a registered
sex offender living in her neighborhood. Jessica's murderer, John
Couey, had moved in with his sister who lived within sight of the
Lunsford home, and failed to register at the new address. As a result
of this tragic incident, Florida led the charge in enacting one of the
toughest child molestation laws in the nation, which mandates a


minimum prison sentence of 25 years for anyone who is convicted of
molesting a child less than 12 years of age.

Jessica Lunsford's horrific murder also received national attention,
and in 2006, the Adam Walsh Child Protection and Safety Act, was
enacted to enhance registration and notification requirements, expand
the duration of registration time periods, and increase penalties for
sex offenders who fail to register. 42 U.S.C. 16901 (2006). In the
same year, New York State enacted "Jessica's Law Lite", which creates
the class A-II felony crime of Predatory Sexual Assault Against a
Child when a person over 18 years of age commits a class B violent
felony sex offense (Rape in the first degree, Criminal Sexual Act in
the first degree, Aggravated Sexual Abuse in the first degree, Course
of Sexual Conduct Against a Child in the first degree) against a child
less than 13 years of age. Under current law, the minimum prison
sentence for these crimes is only 10 to 25 years.

Although these laws have made momentous changes in the area of child
sexual abuse, the number of incidents is still staggering. According
to a report administered by the United States Department of Health &
Human Services, in 2012, 2,278 children in New York alone were
sexually abused. (United States Dep't of Health & Human Services'
Children's Bureau Report, pg. 54).

This bill would increase the mandatory minimum prison term to 25
years. It also includes additional instances where a person may be
found guilty of predatory sexual assault against a child.

Recognizing that sex offenders may, and often are, dangerous when
released from prison, this bill would require, as a mandatory
condition of release, that the offender submit to the use of an
electronic monitoring or global position satellite tracking device
monitored by the board throughout the period of such release or such
person's life, whichever shall terminate earlier, which will help to
keep recidivism rates down and ultimately decrease the number of
children who are sexually victimized.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect immediately.

2013-S7303 (ACTIVE) - Bill Text download pdf

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

                                  7303

                            I N  S E N A T E

                               May 9, 2014
                               ___________

Introduced  by  Sen.  YOUNG  -- 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  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".
  S 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.
  S 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
not less than ten years nor more than twenty-five years, AND EXCEPT THAT
FOR THE CLASS A-II FELONY OF PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04994-01-3

S. 7303                             2

DEFINED  IN SECTION 130.96 OF THIS CHAPTER, SUCH MINIMUM PERIOD SHALL BE
TWENTY-FIVE YEARS.
  S  4.  Section 130.96 of the penal law, as added by chapter 107 of the
laws of 2006, is amended to read as follows:
S 130.96 Predatory sexual assault against a child.
  A person is guilty of predatory sexual assault against a  child  when,
being eighteen years old or more, he or she commits the crime of rape in
the  first  degree,  criminal sexual act in the first degree, aggravated
sexual abuse in the first degree, or course of sexual conduct against  a
child  in  the first degree, as defined in this article, [and the victim
is less than thirteen years old.] WHEN:
  1. THE VICTIM OF SUCH CRIME IS A CHILD LESS THAN THIRTEEN  YEARS  OLD;
OR
  2.  THE  VICTIM  OF SUCH CRIME IS A CHILD NOT LESS THAN THIRTEEN YEARS
OLD, NOR MORE THAN SIXTEEN YEARS OLD, AND
  (A) THE ACTOR IS RELATED TO SUCH VICTIM BY BLOOD OR  AFFINITY  TO  THE
THIRD DEGREE, OR
  (B)  THE  ACTOR  HAS  SUPERVISORY  OR DISCIPLINARY AUTHORITY OVER SUCH
VICTIM BY VIRTUE OF HIS  OR  HER  LEGAL,  PROFESSIONAL  OR  OCCUPATIONAL
STATUS, OR
  (C)  THE ACTOR IS THE PARENT OR GUARDIAN OF SUCH VICTIM, OR IN A POSI-
TION OF LOCO PARENTIS TO SUCH VICTIM; OR
  3. THE VICTIM OF SUCH CRIME IS A CHILD LESS THAN EIGHTEEN  YEARS  OLD,
AND  SUCH  CRIME IS COMMITTED, ACTING ALONE OR WITH ONE OR MORE PERSONS,
DURING THE COMMISSION OR  ATTEMPTED  COMMISSION  OF  BURGLARY,  ROBBERY,
ARSON, KIDNAPPING, CRIMINAL ESCAPE OR A SEX OFFENSE; OR
  4.  THE  VICTIM OF SUCH CRIME IS A CHILD LESS THAN EIGHTEEN YEARS OLD,
AND THE ACTOR DURING THE COURSE OF SUCH CRIME IS ARMED WITH A WEAPON, OR
DANGEROUS INSTRUMENT, OR DISPLAYS WHAT APPEARS TO THE  VICTIM  TO  BE  A
WEAPON  OR  DANGEROUS  INSTRUMENT,  OR  THREATENS THE USE OF A WEAPON OR
DANGEROUS INSTRUMENT; OR
  5. THE VICTIM OF SUCH CRIME IS A CHILD LESS THAN EIGHTEEN  YEARS  OLD,
AND  THE  ACTOR,  AIDED OR ABETTED BY ONE OR MORE PERSONS, USES PHYSICAL
FORCE OR THREATENS THE USE OF PHYSICAL FORCE AGAINST THE VICTIM; OR
  6. THE VICTIM OF SUCH CRIME IS A CHILD LESS THAN  EIGHTEEN  YEARS  OLD
WHO SUSTAINS SERIOUS PHYSICAL INJURY DURING THE COURSE OF SUCH CRIME; OR
  7.  THE  VICTIM  OF SUCH CRIME IS A CHILD LESS THAN EIGHTEEN YEARS OLD
WHO IS MENTALLY DISABLED, MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS,
AND THE ACTOR KNEW OR SHOULD HAVE KNOWN THAT SUCH  VICTIM  WAS  MENTALLY
DISABLED, MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS.
  Predatory sexual assault against a child is a class A-II felony.
  S  5.  Section  259-c  of the executive law is amended by adding a new
subdivision 14-a to read as follows:
  14-A. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,
WHERE A PERSON SERVING A SENTENCE FOR PREDATORY SEXUAL ASSAULT AGAINST A
CHILD,  AS  DEFINED  IN  SECTION 130.96 OF THE PENAL LAW, IS RELEASED ON
PAROLE OR CONDITIONALLY RELEASED PURSUANT TO SUBDIVISION ONE OR  TWO  OF
THIS  SECTION, THE BOARD SHALL REQUIRE, AS A MANDATORY CONDITION OF SUCH
RELEASE, THAT SUCH PERSON SUBMIT TO THE USE OF AN ELECTRONIC  MONITORING
OR  GLOBAL  POSITION  SATELLITE  TRACKING  DEVICE MONITORED BY THE BOARD
THROUGHOUT THE PERIOD OF SUCH RELEASE OR SUCH PERSON'S  LIFE,  WHICHEVER
SHALL TERMINATE EARLIER.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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