S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4766
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to sentence  of  imprisonment
   for the offense of 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. 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 FOR THE CLASS A-II FELONY OF PREDATORY SEXUAL  ASSAULT
 AGAINST  A CHILD AS DEFINED IN SECTION 130.96 OF THIS CHAPTER SUCH MINI-
 MUM PERIOD SHALL BE NOT LESS THAN TWENTY-FIVE YEARS AND THE MAXIMUM TERM
 SHALL BE LIFE IMPRISONMENT.
   § 2. 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
 not less than ten years nor more than  twenty-five  years  AND  FOR  THE
 CLASS A-II FELONY OF PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS DEFINED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08306-01-3
              

 A. 4766                             2
 
 IN  SECTION 130.96 OF THIS CHAPTER SUCH MINIMUM PERIOD SHALL BE NOT LESS
 THAN TWENTY-FIVE YEARS AND THE MAXIMUM TERM SHALL BE LIFE IMPRISONMENT.
   §  3.  Subdivision  1  of section 70.40 of the penal law is amended by
 adding a new paragraph (d) to read as follows:
   (D) A PERSON WHO HAS BEEN PAROLED AFTER SERVING A SENTENCE  OF  IMPRI-
 SONMENT  FOR  THE  CRIME  OF PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS
 DEFINED IN SECTION 130.96 OF THIS CHAPTER SHALL BE UNDER THE SUPERVISION
 OF THE STATE BOARD OF PAROLE FOR THE DURATION OF THEIR LIFETIME.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.