Assembly Bill A4755

2011-2012 Legislative Session

Makes certain sex offenses committed against a child class A-I felonies subject to a sentence of imprisonment of 25 years to life; repealer

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Archive: Last Bill Status - In Assembly 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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2011-A4755 (ACTIVE) - Details

See Senate Version of this Bill:
S2527
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.00, 125.25, 130.70 & 130.75, add §§130.36, 130.51, 130.71 & 130.81, rpld §130.35 sub 3, §130.50 sub 3, Pen L; amd §168-a, rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5232
2013-2014: A2135, S605
2015-2016: A4696, S2479
2017-2018: A4099, S3161
2019-2020: A871
2021-2022: A5820
2023-2024: A1334

2011-A4755 (ACTIVE) - Summary

Makes the commission of rape, a criminal sexual act, aggravated sexual abuse or course of sexual conduct against a child less than 12 years of age or against a child less than 14 years of age by a person 21 years old or more a class A-I felony punishable by a term of imprisonment of 25 years to life; eliminates references to such offenses in less severe crimes; includes such offenses within murder in the second degree for purposes of sentencing to life imprisonment without parole for murder committed in the course of committing such sex offenses against a child; designates such sex offenses against a child as sexually violent offenses for the purposes of sex offender registration

2011-A4755 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4755

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2011
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law and the correction law, in relation to sex
  offenses committed against children under 12  years  of  age  and  sex
  offenses  committed  by persons 21 years old or older against children
  under 14 years of age; to amend the correction  law,  in  relation  to
  requiring  electronic  monitoring  of  sex offenders convicted of such
  offenses against a child; to repeal subdivision 3 of section 130.35 of
  the penal law relating to rape of a child less than 11 years old;  and
  to repeal subdivision 3 of section 130.50 of the penal law relating to
  a criminal sexual act with a child less than 11 years old

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

  Section 1. Subparagraph (i) 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:
  (i) For a class A-I felony, such minimum period shall not be less than
fifteen  years  nor more than twenty-five years; provided, however, that
(A) where a sentence, other than a sentence of death or  life  imprison-
ment  without parole, is imposed upon a defendant convicted of murder in
the first degree as defined in section 125.27 of this chapter such mini-
mum period shall be not less than twenty years nor more than twenty-five
years, and, (B) where a sentence is imposed upon a  defendant  convicted
of murder in the second degree as defined in subdivision five of section
125.25  of  this chapter or convicted of aggravated murder as defined in
section 125.26 of this chapter, the sentence shall be life  imprisonment
without  parole,  and,  (C) where a sentence is imposed upon a defendant
convicted of attempted murder in the first degree as defined in  article
one  hundred  ten of this chapter and subparagraph (i), (ii) or (iii) of
paragraph (a) of subdivision one and paragraph (b) of subdivision one of
section 125.27 of this chapter or attempted aggravated murder as defined

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05774-01-1
              

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