Assembly Bill A7367

2015-2016 Legislative Session

Increases the penalties for the rape or sexual assault of a child five years of age or less

download bill text pdf

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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

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2015-A7367 (ACTIVE) - Details

See Senate Version of this Bill:
S2710
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง70.02 & 70.07, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5052
2011-2012: S3923
2013-2014: S2875
2017-2018: A7994, S1857
2019-2020: A8809, S2982

2015-A7367 (ACTIVE) - Summary

Relates to the rape of a child; defines sexual assault of a child five years of age or less and increases penalties for such offense.

2015-A7367 (ACTIVE) - Bill Text download pdf

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

                                  7367

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2015
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Codes

AN  ACT  to amend the penal law, in relation to increasing the penalties
  for the rape or sexual assault of a child

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (a)  of  subdivision 3 of section 70.02 of the
penal law, as amended by chapter 765 of the laws of 2005, is amended  to
read as follows:
  (a)  For  a  class  B felony, the term must be at least five years and
must not exceed twenty-five years, provided, however, that the term must
be:  (i) at least ten years and must not exceed thirty years  where  the
sentence is for the crime of aggravated assault upon a police officer or
peace  officer  as defined in section 120.11 of this chapter; [and] (ii)
at least ten years and must not exceed thirty years where  the  sentence
is  for  the  crime  of  aggravated  manslaughter in the first degree as
defined in section 125.22 of this chapter; AND (III) AT LEAST TWELVE AND
ONE-HALF YEARS AND MUST NOT EXCEED TWENTY-FIVE YEARS WHERE THE  SENTENCE
IS  FOR  THE  CRIME  OF  RAPE  IN THE FIRST DEGREE AS DEFINED IN SECTION
130.35 OF THIS CHAPTER WHERE THE VICTIM WAS A CHILD FIVE YEARS OF AGE OR
LESS;
  S 2. Subdivisions 1, 2, 3 and 4 of section 70.07  of  the  penal  law,
subdivisions  1,  2 and 3 as amended by chapter 264 of the laws of 2003,
subdivision 4 as added by chapter 1 of the laws of 2000  and  paragraphs
(a)  and  (b)  of subdivision 4 as amended by chapter 107 of the laws of
2006, are amended and a new subdivision 2-a is added to read as follows:
  1. A person who stands convicted of a  felony  offense  for  a  sexual
assault  against  a  child  OR FOR A SEXUAL ASSAULT AGAINST A CHILD FIVE
YEARS OF AGE OR LESS,  having  been  subjected  to  a  predicate  felony
conviction  for a sexual assault against a child OR FOR A SEXUAL ASSAULT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06467-01-5

              

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