NY State Senate Bill 2017-S1857

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
Jan 03, 2018	referred to codes
Jan 11, 2017	referred to codes

co-Sponsors

2017-S1857 (ACTIVE) - Details

See Assembly Version of this Bill:: A7994
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.02 & 70.07, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5052
2011-2012: S3923
2013-2014: S2875
2015-2016: S2710, A7367
2019-2020: S2982, A8809

2017-S1857 (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.

2017-S1857 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1857

 TITLE OF BILL :  An act to amend the penal law, in relation to
increasing the penalties for the rape or sexual assault of a child

 PURPOSE :

This bill amends the laws relating to the rape of a child in order to
increase the jail time the offender receives.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 3 of section 70.02 of the penal law, as
amended by chapter 765 of the laws of 2005. This section is amended to
create mandatory jail time, in the form of a sentence of twelve and
one-half to twenty-five years, for all offenders who are convicted of
raping children five years old or younger.

Section 2 amends several sections of the penal law. These sections are
amended to create mandatory jail time for all offenders who are
convicted of sexual assault against children five years old and
younger.

Section 2 also provides that the crime of sexual assault against a
child five years of age or less will stand and serve as a predicate
felony offense in subsequent sentencing procedures against a

defendant. This section also provides that in subsequent convictions
relating to sexual assault against a child five years or age or less,
where the convicted party has a qualifying predicate felony offense of
sexual assault against a child of a Class B of Class C felony offense,
the court shall impose an indeterminate sentence of imprisonment of
thirty years to life.

 EXISTING LAW :

Various, including sections 70.02, 70.07, 130.00, 130.53, 400.19 of
the penal law.

 JUSTIFICATION :

The bill makes necessary changes in the Penal Code relating to the
rape of children. As of now, jail time for committed rapists is not
strong enough to deter future crimes of rape. The penalties attendant
to the rape of children under 5 years of age and younger must be
increased.

Something must be done in order to protect our youth from predators
who wish them harm. Increasing the punishment offenders receive for
raping children will help to deter future rapes and allow our children
to grow up with a sense of peace and safety.

 LEGISLATIVE HISTORY :

S.2710 of 2015-2016; Referred to Codes
S.2875 of 2013-2014; Referred to Codes
S.3923 of 2011-2012; Referred to Codes
S.5052 of 2009-2010; Referred to Codes
S.2438 of 2007-2008; Passed Senate

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2017-S1857 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1857
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sens.  FUNKE,  GOLDEN, RITCHIE -- read twice and ordered
   printed, and when printed to be committed 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;
   § 2. Subdivisions 1, 3 and 4 of section 70.07 of the penal law, subdi-
 visions  1 and 3 as amended by chapter 264 of the laws of 2003, subdivi-
 sion 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.
                                                            LBD04156-01-7

 S. 1857                             2
 
 AGAINST A CHILD FIVE YEARS OF AGE OR LESS, must be sentenced in  accord-
 ance with the provisions of subdivision four or five of this section.
   2-A.  A  "SEXUAL  ASSAULT  AGAINST  A CHILD FIVE YEARS OF AGE OR LESS"
 MEANS A FELONY OFFENSE, OTHER THAN PERSISTENT SEXUAL ABUSE AS DEFINED IN
 SECTION 130.53 OF THIS CHAPTER, (A)  THE  ESSENTIAL  ELEMENTS  OF  WHICH
 INCLUDE  THE  COMMISSION  OR  ATTEMPTED COMMISSION OF SEXUAL CONDUCT, AS
 DEFINED IN SUBDIVISION TEN  OF  SECTION  130.00  OF  THIS  CHAPTER,  (B)
 COMMITTED OR ATTEMPTED TO BE COMMITTED AGAINST A CHILD FIVE YEARS OF AGE
 OR LESS.
   3.  For purposes of determining whether a person has been subjected to
 a predicate felony conviction under this section, the criteria set forth
 in paragraph (b)  of  subdivision  one  of  section  70.06  shall  apply
 provided  however  that for purposes of this subdivision, the terms "ten
 year" or "ten years", as provided in subparagraphs (iv) and (v) of para-
 graph (b) of subdivision one of such section 70.06,  shall  be  "fifteen
 year" or "fifteen years". The provisions of section 400.19 of the crimi-
 nal  procedure  law shall govern the procedures that must be followed to
 determine whether a person who stands  convicted  of  a  sexual  assault
 against a child OR A SEXUAL ASSAULT AGAINST A CHILD FIVE YEARS OF AGE OR
 LESS  has been previously subjected to a predicate felony conviction for
 such a sexual assault and whether such offender was  eighteen  years  of
 age or older at the time of the commission of the predicate felony.
   4.  Where  the  court  has found pursuant to subdivision three of this
 section that a person who stands convicted of a felony  offense  defined
 in  article  one  hundred  thirty  of this chapter for the commission or
 attempted commission of a  sexual  assault  against  a  child  has  been
 subjected  to a predicate felony conviction for a sexual assault against
 a child, the court shall sentence the defendant as follows:
   (a) where the  defendant  stands  convicted  of  such  sexual  assault
 against a child and such conviction is for a class A-II or class B felo-
 ny offense, and the predicate conviction for such sexual assault against
 a  child  is  for  a  class A-II, class B or class C felony offense, the
 court shall impose an indeterminate sentence of imprisonment, the  maxi-
 mum term of which shall be life and the minimum period of which shall be
 at least fifteen years and no more than twenty-five years;
   (A-1)  WHERE  THE  DEFENDANT  STANDS  CONVICTED OF SUCH SEXUAL ASSAULT
 AGAINST A CHILD FIVE YEARS OF AGE OR LESS, AND THE PREDICATE  CONVICTION
 FOR  SUCH  SEXUAL ASSAULT AGAINST A CHILD FIVE YEARS OF AGE OR LESS IS A
 CLASS B OR CLASS C FELONY OFFENSE, THE COURT SHALL IMPOSE AN  INDETERMI-
 NATE  SENTENCE  OF  IMPRISONMENT, THE MAXIMUM OF WHICH SHALL BE LIFE AND
 THE MINIMUM OF WHICH SHALL BE AT LEAST THIRTY YEARS;
   (b) where the  defendant  stands  convicted  of  such  sexual  assault
 against  a child and the conviction is for a class C felony offense, and
 the predicate conviction for such sexual assault against a child is  for
 a  class A-II, class B or class C felony offense, the court shall impose
 a determinate sentence of imprisonment, the term of  which  must  be  at
 least  twelve  years and must not exceed thirty years; provided however,
 that if the court determines that a longer sentence  is  warranted,  the
 court  shall  set forth on the record the reasons for such determination
 and, in lieu of imposing such sentence of imprisonment,  may  impose  an
 indeterminate  sentence of imprisonment, the maximum term of which shall
 be life and the minimum period of which shall be at least fifteen  years
 and no more than twenty-five years;
   (c)  where  the  defendant  stands  convicted  of  such sexual assault
 against a child and the conviction is for a class B felony offense,  and
 the  predicate conviction for such sexual assault against a child is for

 S. 1857                             3
 
 a class D or class E felony offense, the court shall impose  a  determi-
 nate sentence of imprisonment, the term of which must be at least twelve
 years and must not exceed thirty years;
   (d)  where  the  defendant  stands  convicted  of  such sexual assault
 against a child and the conviction is for a class C felony offense,  and
 the  predicate conviction for such sexual assault against a child is for
 a class D or class E felony offense, the court shall impose  a  determi-
 nate  sentence  of  imprisonment, the term of which must be at least ten
 years and must not exceed twenty-five years;
   (e) where the  defendant  stands  convicted  of  such  sexual  assault
 against  a child and the conviction is for a class D felony offense, and
 the predicate conviction for such sexual assault against a child is  for
 a  felony  offense,  the  court  shall  impose a determinate sentence of
 imprisonment, the term of which must be at least five years and must not
 exceed fifteen years; and
   (f) where the  defendant  stands  convicted  of  such  sexual  assault
 against  a child and the conviction is for a class E felony offense, and
 the predicate conviction for such sexual assault against a child is  for
 a  felony  offense,  the  court  shall  impose a determinate sentence of
 imprisonment, the term of which must be at least four years and must not
 exceed twelve years.
   § 3. 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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Senate Bill S1857

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S1857 (ACTIVE) - Details

2017-S1857 (ACTIVE) - Summary

2017-S1857 (ACTIVE) - Sponsor Memo

2017-S1857 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1857

Share this bill

Sponsored By

Rich Funke

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Martin J. Golden

Patty Ritchie

2017-S1857 (ACTIVE) - Details

2017-S1857 (ACTIVE) - Summary

2017-S1857 (ACTIVE) - Sponsor Memo

2017-S1857 (ACTIVE) - Bill Text download pdf

Comments