S1365-2011 - NY Senate Open Legislation - Relates to removing the ten year time period from the crime of persistent sexual abuse

Relates to removing the ten year time period from the crime of persistent sexual abuse.

Sponsor: PERKINS / Co-sponsor(s): AVELLA, CARLUCCI, GALLIVAN, JOHNSON, KRUEGER, PARKER, PERALTA, RANZENHOFER, SAVINO, SQUADRON, VALESKY / Committee: CODES
Law Section: Penal Law / Law: Amd S130.53, Pen L

S1365-2011 Actions

Mar 5, 2012: referred to codes
Mar 5, 2012: DELIVERED TO ASSEMBLY
Mar 5, 2012: PASSED SENATE
Feb 29, 2012: ADVANCED TO THIRD READING
Feb 15, 2012: 2ND REPORT CAL.
Feb 14, 2012: 1ST REPORT CAL.198
Jan 4, 2012: REFERRED TO CODES
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Mar 7, 2011: referred to codes
Mar 7, 2011: DELIVERED TO ASSEMBLY
Mar 7, 2011: PASSED SENATE
Mar 3, 2011: ADVANCED TO THIRD READING
Mar 2, 2011: 2ND REPORT CAL.
Mar 1, 2011: 1ST REPORT CAL.110
Jan 6, 2011: REFERRED TO CODES

S1365-2011 Meetings

Codes: Feb 14, 2012, Codes: Mar 1, 2011

S1365-2011 Calendars

Active List: Mar 5, 2012 , Active List: Mar 7, 2011 , Floor Calendar: Feb 15, 2012 , Floor Calendar: Feb 29, 2012 , Floor Calendar: Mar 1, 2012 , Floor Calendar: Mar 2, 2011 , Floor Calendar: Mar 3, 2011 , Floor Calendar: Mar 5, 2012 , Floor Calendar: Mar 7, 2011

S1365-2011 Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 1, 2011

Ayes (15): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Parker, Perkins, Squadron, Espaillat
Excused (1): Duane

VOTE: FLOOR VOTE: - Mar 7, 2011

Ayes (59): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (3): Adams, Duane, Kruger

VOTE: COMMITTEE VOTE: - Codes - Feb 14, 2012

Ayes (15): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Parker, Perkins, Squadron, Espaillat
Excused (1): Duane

VOTE: FLOOR VOTE: - Mar 5, 2012

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Oppenheimer

S1365-2011 Memo

BILL NUMBER:S1365

TITLE OF BILL:
An act
to amend the penal law, in relation to removing a certain time period
for the crime of persistent sexual abuse

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this
bill is to remove
the ten year time period in relation to being defined as a person who
has committed persistent sexual abuse. Previously, one who had
committed the crime of forcible touching, sexual abuse in the third
degree, or sexual abuse in the second degree, within a ten year
period, would be guilty of persistent sexual abuse.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends section 130.53 of the penal law

Section 2. Establishes the effective date

JUSTIFICATION:
Sexual abuse is a serious issue.
Preventative measures
must be taken in order to protect the people of the great State of
New York. Those who commit sexual abuses must know that such acts
will not be tolerated, and the consequences for such acts should
reflect that message accordingly. By allowing individuals to be
convicted of a class E felony only if one commits the sexual abuses
within a ten year period sends the wrong message and must be
corrected. This legislation aims to correct this oversight.

PRIOR LEGISLATIVE HISTORY:
2009-10:  S.7434 - Referred to Codes; Passed Senate 58-1

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which the act shall have become a law.

S1365-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1365
 2011-2012 Regular Sessions
 I N  SENATE
 January 6, 2011
 
 Introduced  by Sens. PERKINS, JOHNSON, KRUEGER, PARKER, PERALTA, RANZEN
 HOFER, SQUADRON -- read twice and ordered printed, and when printed to
 be committed to the Committee on Codes
 

AN ACT to amend the penal law, in relation to removing  a  certain  time
 period for the crime of persistent sexual abuse
 

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

 

Section 1.

Section 130.53 of the penal law, as amended by chapter  264
 of the laws of 2003, is amended to read as follows:

 

S 130.53 Persistent sexual abuse.
 A  person  is guilty of persistent sexual abuse when he or she commits
 the crime of forcible touching, as defined in  section  130.52  of  this
 article,  sexual abuse in the third degree, as defined in section 130.55
 of this article, or sexual abuse in the second  degree,  as  defined  in
 section 130.60 of this article, and[, within the previous ten year peri-
 od,]  has  been convicted two or more times, in separate criminal trans
 actions for which sentence was imposed on separate occasions, of  forci
 ble touching, as defined in section 130.52 of this article, sexual abuse
 in the third degree as defined in section 130.55 of this article, sexual
 abuse  in  the second degree, as defined in section 130.60 of this arti
 cle, or any offense defined in this article, of which the commission  or
 attempted commission thereof is a felony.
 Persistent sexual abuse is a class E felony.
 

S 2. This act shall take effect on the first of November next succeed
 ing the date on which this act shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01786-01-1

S1365-2011: Relates to removing the ten year time period from the crime of persistent sexual abuse