NY State Senate Bill 2019-S977

Senate Bill S977

2019-2020 Legislative Session

Enacts "Jessica Lunsford act" relating to enhancing the class A-II felony of predatory sexual assault against a child

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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 09, 2019	referred to codes

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2019-S977 (ACTIVE) - Details

See Assembly Version of this Bill:: A3392
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.00, 70.06 & 130.96, Pen L; amd §259-c, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7303
2015-2016: S2067
2017-2018: S878, A10262
2021-2022: A3748
2023-2024: A2323

2019-S977 (ACTIVE) - Summary

Enacts "Jessica Lunsford act" relating to enhancing the class A-II felony of predatory sexual assault against a child by expanding the acts to which such offense applies; establishes a mandatory sentence of 25 years to life term of imprisonment; requires electronic monitoring of inmates upon release from prison.

2019-S977 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S977

SPONSOR: YOUNG
 
TITLE OF BILL:

An act to amend the penal law and the executive law, in relation to
enacting the "Jessica Lunsford act" relating to predatory sexual assault
against a child

 
PURPOSE:

To provide stricter penalties for those who are convicted of the Class
A-II felony of predatory sexual assault against a child.

 
SUMMARY OF PROVISIONS:

Section 1 provides that this act shall be known and may be cited as the
"Jessica Lunsford Act".

Section 2 amends subparagraph (ii) of paragraph (a) of subdivision 3 of
section 70.00 of the Penal Law and establishes a minimum sentence of 25

years for those convicted of the Class A-II felony of predatory sexual
assault against a child.

Section 3 amends paragraph (a) of subdivision 4 of section 70.06 of the
Penal Law and provides that the minimum period of imprisonment for a
second felony offender convicted of the Class A-1I felony of predatory
sexual assault against a child shall have a minimum sentence of 25
years.

Section 4 amends section 130.96 of the Penal Law to expand the instances
where a person can be found guilty of predatory sexual assault against a
child.

Section 5 amends section 259-c of the Executive Law by adding a new
subdivision 14-a to establish that when a person serving a sentence for
òpredatory sexual assault against a child is released on parole or
conditionally released, the board shall require, as a mandatory condi-
tion of such release, that such person submit to the use of an electron-
ic monitoring or global position satellite tracking device monitoring by
the board throughout the period of such release or such person's life,
whichever shall terminate earlier.

Section 6 sets forth the effective date.

 
JUSTIFICATION:

Beginning in the early 1990's, increasingly strict laws have been
enacted to track, monitor, apprehend and punish sexual predators. In
1994, the Jacob Wetterling Act established requirements that sex offen-
ders register their whereabouts with law enforcement agencies.  Enacted
in 1996, Megan's Law required public disclosure of registry information.
Subsequent amendments to the Wetterling Act required states to post
information about convicted sex offenders on the Internet. (Sex Offense
Recidivism, Risk Assessment, & the Adam Walsh Act, Jill S. Levenson
P.H.D., LCSW).

Despite having these laws in place, however, in 2005, Jessica Lunsford,
who was only nine years old, was abducted, sexually assaulted multiple
times, buried alive and murdered by a registered sex offender living in
her neighborhood. Jessica's murderer, John Couey, had moved in with his
sister who lived within sight of the Lunsford home, and failed to regis-
ter at the new address. As a result of this tragic incident, Florida led
the charge in enacting one of the toughest child molestation laws in the
nation, which mandates a minimum prison sentence of 25 years for anyone
who is convicted of molesting a child less than 12 years of age.

Jessica Lunsford's horrific murder also received national attention, and
in 2006, the Adam Walsh Child Protection and Safety Act, was enacted to
enhance registration and notification requirements, expand the duration
of registration time periods, and increase penalties for sex offenders
who fail to register. 42 U.S.C. 16901 (2006). In the same year, New York
State enacted "Jessica's Law Lite", which creates the class A-II felony
crime of Predatory Sexual Assault Against a Child when a person over 18
years of age commits a class B violent felony sex offense (Rape in the
first degree, Criminal Sexual Act in the first degree, Aggravated Sexual
Abuse in the first degree, Course of Sexual Conduct Against a Child in
the first degree) against a child less than 13 years of age. Under
current law, the minimum prison sentence for these crimes is only 10 to
25 years.

Although these laws have made momentous changes in the area of child
sexual abuse, the number of incidents is still staggering. According to
a report administered by the United States Department of Health & Human
Services, in 2012, 2,278 children in New York alone were sexually
abused. (United States Dep't of Health & Human Services' Children's
Bureau Report, pg. 54).

This bill would increase the mandatory minimum prison term to 25 years.
It also includes additional instances where a person may be found guilty
of predatory sexual assault against a child.

Recognizing that sex offenders may, and often are, dangerous when
released from prison, this bill would require, as a mandatory condition
of release, that the offender submit to the use of an electronic moni-
toring or global position satellite tracking device monitored by the
board throughout the period of such release or such person's life,
whichever shall terminate earlier, which will help to keep recidivism
rates down and ultimately decrease the number of children who are sexu-
ally victimized.

 
LEGISLATIVE HISTORY:

2017,2018: S.878 Referred to Codes

2015,2016: S.2067 Referred to Codes

2014: S.7303 Referred to Codes

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect the first of November next succeeding.

2019-S977 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    977
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. YOUNG, FUNKE -- 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  executive  law,  in  relation  to
   enacting  the  "Jessica  Lunsford  act"  relating  to 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.  Short  title. This act shall be known and may be cited as
 the "Jessica Lunsford act".
   § 2. 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  EXCEPT THAT 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 TWENTY-FIVE YEARS.
   § 3. 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
 defined in section 130.96 of this chapter], such minimum period shall be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03099-01-9

 S. 977                              2
 
 not less than ten years nor more than twenty-five years, AND EXCEPT THAT
 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
 TWENTY-FIVE YEARS.
   §  4.  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 the crime of rape in
 the  first  degree,  criminal sexual act in the first degree, 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.] WHEN:
   1. THE VICTIM OF SUCH CRIME IS A CHILD LESS THAN THIRTEEN  YEARS  OLD;
 OR
   2.  THE  VICTIM  OF SUCH CRIME IS A CHILD NOT LESS THAN THIRTEEN YEARS
 OLD, NOR MORE THAN SIXTEEN YEARS OLD, AND
   (A) THE ACTOR IS RELATED TO SUCH VICTIM BY BLOOD OR  AFFINITY  TO  THE
 THIRD DEGREE, OR
   (B)  THE  ACTOR  HAS  SUPERVISORY  OR DISCIPLINARY AUTHORITY OVER SUCH
 VICTIM BY VIRTUE OF HIS  OR  HER  LEGAL,  PROFESSIONAL  OR  OCCUPATIONAL
 STATUS, OR
   (C)  THE ACTOR IS THE PARENT OR GUARDIAN OF SUCH VICTIM, OR IN A POSI-
 TION OF LOCO PARENTIS TO SUCH VICTIM; OR
   3. THE VICTIM OF SUCH CRIME IS A CHILD LESS THAN EIGHTEEN  YEARS  OLD,
 AND  SUCH  CRIME IS COMMITTED, ACTING ALONE OR WITH ONE OR MORE PERSONS,
 DURING THE COMMISSION OR  ATTEMPTED  COMMISSION  OF  BURGLARY,  ROBBERY,
 ARSON, KIDNAPPING, CRIMINAL ESCAPE OR A SEX OFFENSE; OR
   4.  THE  VICTIM OF SUCH CRIME IS A CHILD LESS THAN EIGHTEEN YEARS OLD,
 AND THE ACTOR DURING THE COURSE OF SUCH CRIME IS ARMED WITH A WEAPON, OR
 DANGEROUS INSTRUMENT, OR DISPLAYS WHAT APPEARS TO THE  VICTIM  TO  BE  A
 WEAPON  OR  DANGEROUS  INSTRUMENT,  OR  THREATENS THE USE OF A WEAPON OR
 DANGEROUS INSTRUMENT; OR
   5. THE VICTIM OF SUCH CRIME IS A CHILD LESS THAN EIGHTEEN  YEARS  OLD,
 AND  THE  ACTOR,  AIDED OR ABETTED BY ONE OR MORE PERSONS, USES PHYSICAL
 FORCE OR THREATENS THE USE OF PHYSICAL FORCE AGAINST THE VICTIM; OR
   6. THE VICTIM OF SUCH CRIME IS A CHILD LESS THAN  EIGHTEEN  YEARS  OLD
 WHO SUSTAINS SERIOUS PHYSICAL INJURY DURING THE COURSE OF SUCH CRIME; OR
   7.  THE  VICTIM  OF SUCH CRIME IS A CHILD LESS THAN EIGHTEEN YEARS OLD
 WHO IS MENTALLY DISABLED, MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS,
 AND THE ACTOR KNEW OR SHOULD HAVE KNOWN THAT SUCH  VICTIM  WAS  MENTALLY
 DISABLED, MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS.
   Predatory sexual assault against a child is a class A-II felony.
   §  5.  Section  259-c  of the executive law is amended by adding a new
 subdivision 14-a to read as follows:
   14-A. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,
 WHERE A PERSON SERVING A SENTENCE FOR PREDATORY SEXUAL ASSAULT AGAINST A
 CHILD,  AS  DEFINED  IN  SECTION 130.96 OF THE PENAL LAW, IS RELEASED ON
 PAROLE OR CONDITIONALLY RELEASED PURSUANT TO SUBDIVISION ONE OR  TWO  OF
 THIS  SECTION, THE BOARD SHALL REQUIRE, AS A MANDATORY CONDITION OF SUCH
 RELEASE, THAT SUCH PERSON SUBMIT TO THE USE OF AN ELECTRONIC  MONITORING
 OR  GLOBAL  POSITION  SATELLITE  TRACKING  DEVICE MONITORED BY THE BOARD
 THROUGHOUT THE PERIOD OF SUCH RELEASE OR SUCH PERSON'S  LIFE,  WHICHEVER
 SHALL TERMINATE EARLIER.
   § 6. 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 S977

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Sponsored By

Catharine Young