S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2323
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred 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.
                                                            LBD04133-01-3
              

 A. 2323                             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.