NY State Senate Bill 2017-S3161

Senate Bill S3161

2017-2018 Legislative Session

Makes certain sex offenses committed against a child class A-I felonies subject to a sentence of imprisonment of 25 years to life; repealer

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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
Jan 03, 2018	referred to codes
Jan 20, 2017	referred to codes

2017-S3161 (ACTIVE) - Details

See Assembly Version of this Bill:: A4099
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.00, 125.25, 130.70 & 130.75, add §§130.36, 130.51, 130.71 & 130.81, rpld §130.35 sub 3, §130.50 sub 3, Pen L; amd §168-a, rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5232
2011-2012: S2527, A4755
2013-2014: S605, A2135
2015-2016: S2479, A4696
2019-2020: A871
2021-2022: A5820
2023-2024: A1334

2017-S3161 (ACTIVE) - Summary

Makes the commission of rape, a criminal sexual act, aggravated sexual abuse or course of sexual conduct against a child less than 12 years of age or against a child less than 14 years of age by a person 21 years old or more a class A-I felony; eliminates references to such offenses in less severe crimes; includes such offenses within murder in the second degree for purposes of sentencing to life imprisonment without parole for murder committed in the course of committing such sex offenses against a child; designates such sex offenses against a child as sexually violent offenses for the purposes of sex offender registration

2017-S3161 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3161

 TITLE OF BILL :

An act to amend the penal law and the correction law, in relation to
sex offenses committed against children under 12 years of age and sex
offenses committed by persons 21 years old or older against children
under 14 years of age; to amend the correction law, in relation to
requiring electronic monitoring of sex offenders convicted of such
offenses against a child; to repeal subdivision 3 of section 130.35 of
the penal law relating to rape of a child less than 11 years old; and
to repeal subdivision 3 of section 130.50 of the penal law relating to
a criminal sexual act with a child less than 11 years old

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends section 70.00 of the penal law to impose a penalty of
twenty-five years to life imprisonment on a defendant convicted of
rape of a child, criminal sexual act against a child, aggravated
sexual abuse of a child, aggravated course of sexual conduct against a
child.

Section 2 amends section 125.25 of the penal law to establish
penalties for the crimes of rape of a child, criminal sexual act
against a child, aggravated sexual abuse of a child, aggravated course
of sexual conduct against a child if the perpetrator is 18 years old

or older.

Section 3 repeals section 130.35 of the penal law.

Section 4 amends the penal law by adding section 130.36 which defines
rape of a child to include acts committed against children under 12,
and under 14 if the perpetrator is 21 or older; makes the crime an A-1
felony.

Section 5 repeals subdivision 3 of section 130.50 of the penal law.

Section 6 amends the penal law by adding section 130.51 which defines
criminal sexual act against a child to include acts committed against
children under 12, and under 14 if the perpetrator is 21 or older;
makes the crime an A-1 felony.

Section 7 amends subdivision 1 of section 130.70 which defines the
crime of aggravated sexual abuse.

Section 8 amends the penal law by adding section 130.71 which defines
aggravated sexual abuse of a child to include acts committed against
children under 12, and under 14 if the perpetrator is 21 or older;
makes the crime an A-1 felony.

Section 9 amends subdivision 1 of section 130.75 which defines the
crime of course of sexual conduct against a child.

Section 10 amends the penal law by adding section 130.81 which defines
aggravated course of sexual conduct against a child to include acts
committed against children under 12, and under 14 if the perpetrator
is 21 or older; makes the crime an A-1 felony.

Section 11 amends section 168-a of the correction law to include the
aforementioned crimes under the sexual offender registration act.

Section 12 adds to section 168-w of the correction law to provide for
lifetime electronic monitoring of sex offenders convicted of rape of a
child, criminal sexual act against a child, aggravated sexual abuse of
a child, aggravated course of sexual conduct against a child.

Section 13 enacts the act immediately.

 JUSTIFICATION :

In what seems to be a constant tragic series of sex crimes against
children, including the horrifying rape of a thirteen-year-old girl
and the abuse of a nine-year-old girl, it has become clear that the
existing penalties for such heinous crimes do not fit the crime.
Considering the lasting physical, emotional and psychological trauma
the victim endures, combined with the high rate of recidivism among
sex offenders, it is necessary to enact a law that provides New York's
children with the protection they need and deserve. A sentence of 25
years to life would ensure that sex offenders who commit these crimes
against children would not be on the street to victimize others.
release would also be an effective method Electronic monitoring after
to prevent future attacks.

 PRIOR LEGISLATIVE HISTORY :

2016: Died in Codes
2015:  Died in Codes
2014: Senate Bill 605 (Gianaris) - Died in Senate Codes Committee
2012: Senate Bill 2527 (Gianaris) - Died in Senate Codes Committee
2012: Assembly Bill 4755 (Simotas) - Died in Assembly Codes Committee
2010: Assembly Bill 5232 (Gianaris) - Died in Assembly Codes Committee
2008: Assembly Bill 4856 (Gianaris) - Died in Assembly Codes Committee
2006: Assembly Bill 9168 (Gianaris) - Died in Assembly Codes Committee

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
Immediately, with provisions.

2017-S3161 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3161
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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 correction law, in relation to sex
   offenses committed against children under 12  years  of  age  and  sex
   offenses  committed  by persons 21 years old or older against children
   under 14 years of age; to amend the correction  law,  in  relation  to
   requiring  electronic  monitoring  of  sex offenders convicted of such
   offenses against a child; to repeal subdivision 3 of section 130.35 of
   the penal law relating to rape of a child less than 11 years old;  and
   to repeal subdivision 3 of section 130.50 of the penal law relating to
   a criminal sexual act with a child less than 11 years old
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (i) 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:
   (i) For a class A-I felony, such minimum period shall not be less than
 fifteen  years  nor more than twenty-five years; provided, however, that
 (A) where a sentence, other than a sentence of death or  life  imprison-
 ment  without parole, is imposed upon a defendant convicted of murder in
 the first degree as defined in section 125.27 of this chapter such mini-
 mum period shall be not less than twenty years nor more than twenty-five
 years, and, (B) where a sentence is imposed upon a  defendant  convicted
 of murder in the second degree as defined in subdivision five of section
 125.25  of  this chapter or convicted of aggravated murder as defined in
 section 125.26 of this chapter, the sentence shall be life  imprisonment
 without  parole,  and,  (C) where a sentence is imposed upon a defendant
 convicted of attempted murder in the first degree as defined in  article
 one  hundred  ten of this chapter and subparagraph (i), (ii) or (iii) of
 paragraph (a) of subdivision one and paragraph (b) of subdivision one of
 section 125.27 of this chapter or attempted aggravated murder as defined
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04209-01-7

 S. 3161                             2
 
 in article one hundred ten of this chapter and section  125.26  of  this
 chapter such minimum period shall be not less than twenty years nor more
 than  forty years, AND, (D) WHERE A SENTENCE IS IMPOSED UPON A DEFENDANT
 CONVICTED  OF  RAPE  OF  A  CHILD AS DEFINED IN SECTION 130.36, CRIMINAL
 SEXUAL ACT AGAINST A CHILD AS  DEFINED  IN  SECTION  130.51,  AGGRAVATED
 SEXUAL  ABUSE  OF  A  CHILD  AS  DEFINED IN SECTION 130.71 OR AGGRAVATED
 COURSE OF SEXUAL CONDUCT AGAINST A CHILD AS DEFINED IN SECTION 130.81 OF
 THIS CHAPTER SUCH MINIMUM PERIOD SHALL BE TWENTY YEARS.
   § 2. Subdivision 5 of section 125.25 of the penal law, as  amended  by
 chapter 320 of the laws of 2006, is amended to read as follows:
   5. Being eighteen years old or more, while in the course of committing
 rape  in  the  first, second or third degree, criminal sexual act in the
 first, second or third degree, sexual abuse in the first degree, RAPE OF
 A CHILD, CRIMINAL SEXUAL ACT AGAINST A CHILD, AGGRAVATED SEXUAL ABUSE OF
 A CHILD, AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A CHILD, aggravated
 sexual abuse in the first, second, third or fourth degree, or incest  in
 the  first,  second or third degree, against a person less than fourteen
 years old, he or she intentionally causes the death of such person.
   § 3. Subdivision 3 of section 130.35 of the penal law is REPEALED.
   § 4. The penal law is amended by adding a new section 130.36  to  read
 as follows:
 § 130.36 RAPE OF A CHILD.
   A PERSON IS GUILTY OF RAPE OF A CHILD WHEN:
   1.  HE OR SHE ENGAGES IN SEXUAL INTERCOURSE WITH ANOTHER PERSON WHO IS
 LESS THAN TWELVE YEARS OLD; OR
   2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR  SHE  ENGAGES  IN  SEXUAL
 INTERCOURSE WITH ANOTHER PERSON LESS THAN FOURTEEN YEARS OLD.
   RAPE OF A CHILD IS A CLASS A-I FELONY.
   § 5. Subdivision 3 of section 130.50 of the penal law is REPEALED.
   §  6.  The penal law is amended by adding a new section 130.51 to read
 as follows:
 § 130.51 CRIMINAL SEXUAL ACT AGAINST A CHILD.
   A PERSON IS GUILTY OF CRIMINAL SEXUAL ACT AGAINST A CHILD WHEN:
   1. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT  OR  ANAL  SEXUAL  CONDUCT
 WITH ANOTHER PERSON WHO IS LESS THAN TWELVE YEARS OLD; OR
   2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL SEXU-
 AL  CONDUCT  OR ANAL SEXUAL CONDUCT WITH ANOTHER PERSON WHO IS LESS THAN
 FOURTEEN YEARS OLD.
   CRIMINAL SEXUAL ACT AGAINST A CHILD IS A CLASS A-I FELONY.
   § 7. Subdivision 1 of section 130.70 of the penal law, as  amended  by
 chapter  450  of  the  laws of 1988, the opening paragraph as amended by
 chapter 485 of the laws of 2009, is amended to read as follows:
   1. A person is guilty of aggravated sexual abuse in the  first  degree
 when  he  or she inserts a foreign object in the vagina, urethra, penis,
 rectum or anus of another person causing physical injury to such person:
   (a) By forcible compulsion; or
   (b) When the other person is incapable of consent by reason  of  being
 physically helpless[; or
   (c) When the other person is less than eleven years old].
   §  8.  The penal law is amended by adding a new section 130.71 to read
 as follows:
 § 130.71 AGGRAVATED SEXUAL ABUSE OF A CHILD.
   1. A PERSON IS GUILTY OF AGGRAVATED SEXUAL ABUSE OF A CHILD WHEN:
   (A) HE OR SHE INSERTS A FOREIGN OBJECT IN THE VAGINA, URETHRA,  PENIS,
 RECTUM  OR ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON
 WHEN SUCH OTHER PERSON IS LESS THAN TWELVE YEARS OLD; OR

 S. 3161                             3
 
   (B) BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE  INSERTS  A  FOREIGN
 OBJECT  IN  THE VAGINA, URETHRA, PENIS, RECTUM OR ANUS OF ANOTHER PERSON
 CAUSING PHYSICAL INJURY TO SUCH PERSON WHEN SUCH OTHER  PERSON  IS  LESS
 THAN FOURTEEN YEARS OLD.
   2.  CONDUCT PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE THE
 PROVISIONS OF THIS SECTION.
   AGGRAVATED SEXUAL ABUSE OF A CHILD IS A CLASS A-I FELONY.
   § 9. Subdivision 1 of section 130.75 of the penal law, as  amended  by
 chapter  1  of  the  laws  of 2000, paragraphs (a) and (b) as amended by
 chapter 264 of the laws of 2003, is amended to read as follows:
   1. A person is guilty of course of sexual conduct against a  child  in
 the  first degree when, over a period of time not less than three months
 in duration[:
   (a) he or she engages in two or more acts  of  sexual  conduct,  which
 includes  at  least  one act of sexual intercourse, oral sexual conduct,
 anal sexual conduct or aggravated sexual contact, with a child less than
 eleven years old; or
   (b)], he or she, being eighteen years old or more, engages in  two  or
 more  acts  of  sexual conduct, which include at least one act of sexual
 intercourse, oral sexual conduct,  anal  sexual  conduct  or  aggravated
 sexual contact, with a child less than thirteen years old.
   §  10. The penal law is amended by adding a new section 130.81 to read
 as follows:
 § 130.81 AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A CHILD.
   1. A PERSON IS GUILTY OF AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A
 CHILD WHEN, OVER A PERIOD OF TIME NOT LESS THAN THREE  MONTHS  IN  DURA-
 TION:
   (A)  HE  OR  SHE  ENGAGES IN TWO OR MORE ACTS OF SEXUAL CONDUCT, WHICH
 INCLUDES AT LEAST ONE ACT OF SEXUAL INTERCOURSE,  ORAL  SEXUAL  CONDUCT,
 ANAL SEXUAL CONDUCT OR AGGRAVATED SEXUAL CONTACT, WITH A CHILD LESS THAN
 TWELVE YEARS OLD; OR
   (B)  HE  OR SHE, BEING TWENTY-ONE YEARS OLD OR MORE, ENGAGES IN TWO OR
 MORE ACTS OF SEXUAL CONDUCT, WHICH INCLUDES AT LEAST ONE ACT  OF  SEXUAL
 INTERCOURSE,  ORAL  SEXUAL  CONDUCT,  ANAL  SEXUAL CONDUCT OR AGGRAVATED
 SEXUAL CONTACT, WITH A CHILD LESS THAN FOURTEEN YEARS OLD.
   2. A PERSON MAY NOT BE SUBSEQUENTLY PROSECUTED FOR  ANY  OTHER  SEXUAL
 OFFENSE  INVOLVING  THE  SAME  VICTIM  UNLESS  THE OTHER CHARGED OFFENSE
 OCCURRED OUTSIDE THE TIME PERIOD CHARGED UNDER THIS SECTION.
   AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A CHILD  IS  A  CLASS  A-I
 FELONY.
   §  11.  Subparagraph  (i) of paragraph (a) of subdivision 3 of section
 168-a of the correction law, as amended by chapter 107 of  the  laws  of
 2006, is amended to read as follows:
   (i)  a  conviction  of or a conviction for an attempt to commit any of
 the provisions of  sections  130.35,  130.36,  130.50,  130.51,  130.65,
 130.66,  130.67,  130.70,  130.71,  130.75,  130.80,  130.81, 130.95 and
 130.96 of the penal law, or
   § 12. Section 168-w of the correction law, as  relettered  by  chapter
 604  of the laws of 2005, is relettered 168-x and a new section 168-w is
 added to read as follows:
   § 168-W. ELECTRONIC MONITORING OF CERTAIN SEX OFFENDERS.  1.  ANY  SEX
 OFFENDER  HAVING BEEN CONVICTED OF RAPE OF A CHILD AS DEFINED IN SECTION
 130.36, CRIMINAL SEXUAL ACT  AGAINST  A  CHILD  AS  DEFINED  IN  SECTION
 130.51,  AGGRAVATED SEXUAL ABUSE OF A CHILD AS DEFINED IN SECTION 130.71
 OR AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A  CHILD  AS  DEFINED  IN

 S. 3161                             4
 
 SECTION 130.81 OF THE PENAL LAW SHALL BE PLACED ON ELECTRONIC MONITORING
 FOR LIFE.
   2. THE DIVISION SHALL ESTABLISH A SYSTEM OF ACTIVE ELECTRONIC MONITOR-
 ING  THAT IDENTIFIES THE LOCATION OF A SEX OFFENDER REQUIRED TO BE MONI-
 TORED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THAT CAN  PRODUCE,
 UPON  REQUEST, REPORTS OR RECORDS OF THE SEX OFFENDER'S PRESENCE NEAR OR
 WITHIN A CRIME SCENE OR PROHIBITED AREA OR THE SEX OFFENDER'S  DEPARTURE
 FROM SPECIFIED GEOGRAPHIC LIMITATIONS.
   3.  THE  DIVISION  SHALL  ALSO PROMULGATE REGULATIONS IMPLEMENTING THE
 IMPOSITION AND COLLECTION  OF  FEES  RELATED  TO  ELECTRONIC  MONITORING
 PURSUANT  TO  THIS  SECTION. SUCH REGULATIONS SHALL UTILIZE A MEANS TEST
 BASED ON TWO HUNDRED PERCENT OF THE FEDERAL POVERTY  GUIDELINES  PROMUL-
 GATED  ANNUALLY  BY  THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES
 AND IF THE SEX OFFENDER FALLS BELOW SUCH PERCENTAGE THEN NO FEE SHALL BE
 CHARGED, AND EARNINGS ABOVE SUCH PERCENTAGE SHALL  BE  CONSIDERED  ON  A
 SLIDING  SCALE. SUCH REGULATIONS SHALL ALSO PROVIDE THAT THE DIVISION OF
 PAROLE CONSIDER ANY ADDITIONAL TEST OR  INDICIA  THAT  DEMONSTRATES  THE
 INABILITY  OF THE SEX OFFENDER TO PAY SUCH FEES.  EMPLOYEES OF THE DIVI-
 SION OF PAROLE SHALL BE PROHIBITED FROM COLLECTING ELECTRONIC MONITORING
 RELATED FEES.
   4. ANY SEX OFFENDER REQUIRED TO BE ELECTRONICALLY  MONITORED  PURSUANT
 TO THE PROVISIONS OF THIS SECTION WHO VIOLATES SUCH REQUIREMENT SHALL BE
 GUILTY  OF  A  CLASS E FELONY UPON CONVICTION FOR THE FIRST OFFENSE, AND
 UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF  A
 CLASS  D FELONY. ANY SUCH VIOLATION MAY ALSO BE THE BASIS FOR REVOCATION
 OF PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE  EXECUTIVE
 LAW.
   §  13.  This  act  shall  take  effect  immediately and shall apply to
 offenses committed on or after  such  effective  date;  furthermore  all
 offenses committed prior to such effective date shall be governed by the
 provisions of law in effect immediately before such date.

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