S T A T E   O F   N E W   Y O R K
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                                  1686

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. TEDISCO, McDONOUGH -- Multi-Sponsored by -- M. of
  A.  BARCLAY,  BUTLER,  CERETTO,  CROUCH,  FINCH,  FITZPATRICK, GIGLIO,
  HAWLEY, KOLB, LOPEZ, McKEVITT, McLAUGHLIN, OAKS, PALMESANO, RA,  RAIA,
  SALADINO, TENNEY, THIELE -- read once and referred to the Committee on
  Codes

AN  ACT  to amend the penal law, in relation to sentence of imprisonment
  for the offense of 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.  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 FOR THE CLASS A-II FELONY OF PREDATORY SEXUAL ASSAULT
AGAINST A CHILD AS DEFINED IN SECTION 130.96 OF THIS CHAPTER SUCH  MINI-
MUM PERIOD SHALL BE NOT LESS THAN TWENTY-FIVE YEARS AND THE MAXIMUM TERM
SHALL BE LIFE IMPRISONMENT.
  S 2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD02486-01-5
              

A. 1686                             2

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 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 NOT LESS
THAN TWENTY-FIVE YEARS AND THE MAXIMUM TERM SHALL BE LIFE IMPRISONMENT.
  S 3. Subdivision 1 of section 70.40 of the penal  law  is  amended  by
adding a new paragraph (d) to read as follows:
  (D)  A  PERSON WHO HAS BEEN PAROLED AFTER SERVING A SENTENCE OF IMPRI-
SONMENT FOR THE CRIME OF PREDATORY SEXUAL ASSAULT  AGAINST  A  CHILD  AS
DEFINED IN SECTION 130.96 OF THIS CHAPTER SHALL BE UNDER THE SUPERVISION
OF THE STATE BOARD OF PAROLE FOR THE DURATION OF THEIR LIFETIME.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.