A6369-2011 Actions

• Jan 4, 2012: referred to codes
• Mar 15, 2011: referred to codes

A6369-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6369
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 March 15, 2011
 
 Introduced  by M. of A. LINARES -- read once and referred to the Commit
 tee on Codes
 

AN ACT to amend the penal law, in relation to increasing  penalties  for
 offenses committed against elderly persons
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The penal law is amended by adding a new section  70.12  to
 read as follows:

 

S  70.12  SENTENCE  OF  IMPRISONMENT FOR AN OFFENSE COMMITTED AGAINST AN
 ELDERLY PERSON.
 1. DEFINITIONS. FOR PURPOSES OF  THIS  SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:

 (A) "ELDERLY PERSON" MEANS A HUMAN BEING SIXTY YEARS OLD OR MORE.
 (B)  "OFFENSE COMMITTED" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
 PROVISIONS OF  THIS  CHAPTER:  SECTION  120.00  (ASSAULT  IN  THE  THIRD
 DEGREE),  SECTION  120.05 (ASSAULT IN THE SECOND DEGREE), SECTION 120.10
 (ASSAULT IN THE FIRST  DEGREE),  120.06  (GANG  ASSAULT  IN  THE  SECOND
 DEGREE), 120.07 (GANG ASSAULT IN THE FIRST DEGREE), 120.08 (ASSAULT ON A
 PEACE  OFFICER,  POLICE  OFFICER,  FIREMAN OR EMERGENCY MEDICAL SERVICES
 PROFESSIONAL), SECTION 120.13 (MENACING IN THE  FIRST  DEGREE),  SECTION
 120.14  (MENACING IN THE SECOND DEGREE), SECTION 120.15 (MENACING IN THE
 THIRD DEGREE), SECTION  120.20  (RECKLESS  ENDANGERMENT  IN  THE  SECOND
 DEGREE),  SECTION  120.25  (RECKLESS  ENDANGERMENT IN THE FIRST DEGREE),
 SECTION 120.45 (STALKING IN THE FOURTH DEGREE), SECTION 120.50 (STALKING
 IN THE THIRD DEGREE), SECTION 120.55 (STALKING IN  THE  SECOND  DEGREE),
 SECTION  120.60  (STALKING  IN  THE  FIRST  DEGREE),  SUBDIVISION ONE OF
 SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE), SUBDIVISION ONE, TWO
 OR FOUR OF SECTION 125.20 (MANSLAUGHTER IN THE  FIRST  DEGREE),  SECTION
 125.25  (MURDER IN THE SECOND DEGREE), SUBDIVISION ONE OF SECTION 130.35
 (RAPE IN THE FIRST DEGREE), SECTION 130.40 (CRIMINAL SEXUAL ACT  IN  THE
 THIRD  DEGREE),  SECTION  130.45  (CRIMINAL  SEXUAL  ACT  IN  THE SECOND
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10137-01-1
 
       A. 6369                             2
 DEGREE), SECTION 130.50 (CRIMINAL  SEXUAL  ACT  IN  THE  FIRST  DEGREE),
 SECTION  130.53  (PERSISTENT SEXUAL ABUSE), SECTION 130.65 (SEXUAL ABUSE
 IN THE FIRST DEGREE), SECTION 130.65-A (AGGRAVATED SEXUAL ABUSE  IN  THE
 FOURTH  DEGREE),  SECTION  130.66  (AGGRAVATED SEXUAL ABUSE IN THE THIRD
 DEGREE), SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND  DEGREE),
 SECTION  130.70  (AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE), SECTION
 135.05 (UNLAWFUL IMPRISONMENT IN  THE  SECOND  DEGREE),  SECTION  135.10
 (UNLAWFUL  IMPRISONMENT IN THE FIRST DEGREE), SECTION 135.20 (KIDNAPPING
 IN THE SECOND DEGREE), SECTION 135.25 (KIDNAPPING IN THE FIRST  DEGREE),
 SECTION 135.60 (COERCION IN THE SECOND DEGREE), SECTION 135.65 (COERCION
 IN  THE  FIRST  DEGREE),  SECTION 140.10 (CRIMINAL TRESPASS IN THE THIRD
 DEGREE), SECTION  140.15  (CRIMINAL  TRESPASS  IN  THE  SECOND  DEGREE),
 SECTION  140.17  (CRIMINAL TRESPASS IN THE FIRST DEGREE), SECTION 140.20
 (BURGLARY IN THE THIRD DEGREE), SECTION 140.25 (BURGLARY IN  THE  SECOND
 DEGREE),  SECTION  140.30 (BURGLARY IN THE FIRST DEGREE), SECTION 145.00
 (CRIMINAL MISCHIEF IN  THE  FOURTH  DEGREE),  SECTION  145.05  (CRIMINAL
 MISCHIEF  IN THE THIRD DEGREE), SECTION 145.10 (CRIMINAL MISCHIEF IN THE
 SECOND DEGREE), SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST  DEGREE),
 SECTION  150.05  (ARSON  IN THE FOURTH DEGREE), SECTION 150.10 (ARSON IN
 THE THIRD DEGREE), SECTION 150.15 (ARSON IN THE SECOND DEGREE),  SECTION
 150.20  (ARSON  IN  THE  FIRST  DEGREE), SECTION 155.25 (PETIT LARCENY),
 SECTION 155.30 (GRAND LARCENY IN  THE  FOURTH  DEGREE),  SECTION  155.35
 (GRAND  LARCENY  IN  THE THIRD DEGREE), SECTION 155.40 (GRAND LARCENY IN
 THE SECOND DEGREE), SECTION 155.42 (GRAND LARCENY IN THE FIRST  DEGREE),
 SECTION 160.05 (ROBBERY IN THE THIRD DEGREE), SECTION 160.10 (ROBBERY IN
 THE  SECOND  DEGREE),  SECTION  160.15  (ROBBERY  IN  THE FIRST DEGREE),
 SECTION 240.25 (HARASSMENT IN THE FIRST DEGREE), SUBDIVISION ONE, TWO OR
 FOUR OF SECTION 240.30 (AGGRAVATED HARASSMENT IN THE SECOND DEGREE),  OR
 ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES.
 2.  AUTHORIZED  SENTENCE.  (A)  NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, WHEN A PERSON IS CONVICTED  OF  AN  OFFENSE  COMMITTED  AGAINST  AN
 ELDERLY  PERSON  WHICH  IS  A  CLASS  C,  D OR E FELONY OR CLASS A, B OR
 UNCLASSIFIED MISDEMEANOR, THE OFFENSE SHALL BE DEEMED TO BE ONE CATEGORY
 HIGHER THAN THE OFFENSE THE PERSON COMMITTED, OR ATTEMPTED OR  CONSPIRED
 TO COMMIT.
 (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, WHEN A PERSON IS
 CONVICTED OF AN OFFENSE COMMITTED AGAINST AN ELDERLY PERSON WHICH  IS  A
 CLASS B FELONY:

 (I)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
 SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT  TO  SECTION  70.00  OF
 THIS ARTICLE;
 (II) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS ARTICLE;
 (III)  THE  TERM  OF  THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE
 YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION  70.04  OF  THIS
 ARTICLE;
 (IV)  THE  MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
 FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO  SECTION  70.05  OF
 THIS ARTICLE; AND
 (V)  THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
 DETERMINATE SENTENCE MUST BE AT LEAST TEN  YEARS  IF  THE  DEFENDANT  IS
 SENTENCED PURSUANT TO SECTION 70.06 OF THIS ARTICLE.
 

S 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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