NY State Senate Bill 2019-S7248

Senate Bill S7248

2019-2020 Legislative Session

Includes instances of sexual conduct against a child less than seventeen years of age to certain sex offenses

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2020	referred to codes

co-Sponsors

2019-S7248 (ACTIVE) - Details

See Assembly Version of this Bill:: A9101
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§130.75, 130.80 & 130.96, Pen L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S406, A3225
2023-2024: S4046

2019-S7248 (ACTIVE) - Summary

Includes instances of sexual conduct against a child less than seventeen years of age to certain sex offenses and removes the time limit to bring subsequent sexual offenses.

2019-S7248 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7248

SPONSOR: BIAGGI
 
PURPOSE:

To permit crimes of sexual conduct against a child in the first and
second degrees and predatory sexual assault against a child to include
all sexual conduct against a child committed prior to the child's seven-
teenth birthday.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivisions 1 and 2 of section 130.75 of the penal law
(course of sexual conduct against a child in the first degree) to
include all sexual conduct against a child committed prior to the
child's seventeenth birthday.

Section 2 amends subdivisions 1 and 2 of section 130.80 of the penal law
(course of sexual conduct against a child in the second degree) to
include all sexual conduct against a child committed prior to the
child's seventeenth birthday.

Section 3 amends subdivisions 1 and 2 of section 130.96 of the penal law
(predatory sexual assault against a child) to include all sexual conduct
against a child committed prior to the child's seventeenth birthday.

Section 4 sets the effective date.

 
JUSTIFICATION:

Child victims of sexual abuse are often victimized by offenders repeat-
edly over the course of many years throughout adolescence.  Prosecutors
routinely find victims' accounts of child sexual assault to be credible,
yet are unable to bring charges because current statute dictates that a
defendant cannot be charged for raping or sexually abusing a child after
the child's eleventh or thirteenth birthday (depending upon which subdi-
vision of the statutes is used) if the child is unable to provide a
narrow time frame for the abuse.  As a result, no felony sex charges can
be brought; all that can be charged may be a misdemeanor count of endan-
gering the welfare of a child to cover years of rapes, criminal sexual
acts and other sexual abuse.

This legislation will preclude victims from the emotionally devastating
requirement to recall and testify the exact dates of all sex crimes
committed against them when the acts are so numerous that no one could
reasonably be expected to ascribe specific dates to each one. Second,
prosecutors will no longer have to present judges, defendants and juries
with complicated and cumbersome multi-count indictments involving dozens
or hundreds of charges by allowing a single count of course of sexual
conduct against a child or predatory sexual assault against a child to
be charged to cover all sexual abuse through a victim's seventeenth
birthday.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S7248 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7248
 
                             I N  S E N A T E
 
                             January 14, 2020
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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  including  instances  of
   sexual  conduct  against  a  child less than seventeen years of age to
   certain sex offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 130.75 of the penal law, as
 amended  by  chapter  1  of  the laws of 2000, paragraphs (a) and (b) of
 subdivision 1 as amended by chapter 264 of the laws of 2003, are 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)]  1.  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; AND INCLUDES AT LEAST ONE ADDITIONAL ACT  OF
 SEXUAL  CONDUCT  WITH  THE  CHILD WHEN THAT CHILD IS LESS THAN SEVENTEEN
 YEARS OLD; or
   [(b)] 2. he or she, being eighteen years old or more, AT THE COMMENCE-
 MENT OF THE COURSE OF SEXUAL CONDUCT, 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; AND INCLUDES AT LEAST ONE
 ADDITIONAL ACT OF SEXUAL CONDUCT WITH THE CHILD WHEN THAT CHILD IS  LESS
 THAN SEVENTEEN 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.]
   §  2.  Subdivisions  1  and  2  of section 130.80 of the penal law, as
 amended by chapter 1 of the  laws  of  2000,  are  amended  to  read  as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14670-01-0

 S. 7248                             2
 
   [1.] A person is guilty of course of sexual conduct against a child in
 the second degree when, over a period of time not less than three months
 in duration:
   [(a)]  1. he or she engages in two or more acts of sexual conduct with
 a child, WHICH INCLUDES AT LEAST ONE ACT OF SEXUAL CONDUCT WITH A  CHILD
 less  than eleven years old; AND INCLUDES AT LEAST ONE ADDITIONAL ACT OF
 SEXUAL CONDUCT WITH A CHILD LESS THAN SEVENTEEN YEARS OLD; or
   [(b)] 2. he or she, being eighteen years old or more, AT THE COMMENCE-
 MENT OF THE COURSE OF SEXUAL CONDUCT, engages in two  or  more  acts  of
 sexual  conduct  with a child less than thirteen years old; AND INCLUDES
 AT LEAST ONE ADDITIONAL ACT OF SEXUAL CONDUCT WITH  A  CHILD  LESS  THAN
 SEVENTEEN 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.]
   §  3.  Section 130.96 of the penal law, as added by chapter 107 of the
 laws of 2006, is amended to read as follows:
 § 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:
   1.  the  crime of rape in the first degree, criminal sexual act in the
 first degree, OR 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[.]; OR
   2.  THE  CRIME  OF  A  COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE
 FIRST DEGREE, AS DEFINED IN THIS ARTICLE, AND THE  PERSON  WAS  EIGHTEEN
 YEARS  OLD  OR MORE AND THE VICTIM WAS LESS THAN THIRTEEN YEARS OLD WHEN
 THE CONDUCT COMMENCED.
   Predatory sexual assault against a child is a class A-II felony.
   § 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7248

Share this bill

Sponsored By

Alessandra Biaggi