Relates to sentences of imprisonment for sex crimes against a minor less than 17 years of age.
Ayes (27): Kruger, Stachowski, Oppenheimer, Parker, Stavisky, Thompson, Breslin, Diaz, Espada, Klein, Valesky, Peralta, DeFrancisco, Johnson O, Volker, Padavan, LaValle, Seward, Saland, Farley, Hannon, Larkin, Nozzolio, Leibell, Maziarz, Marcellino, Robach
Ayes W/R (4): Krueger, Montgomery, Duane, Stewart-Cousins
Nays (2): Dilan, Perkins
BILL NUMBER: S1685
TITLE OF BILL : An act to amend the penal law, in relation to imprisonment for a sex crime against a minor less than 17 years of age
SUMMARY OF PROVISIONS : Section one of the bill adds a new §70.11 to the Penal Law requiring that a defendant convicted of a sex crime under article 130 of the Penal Law against a minor less than seventeen years of age shall impose a sentence of imprisonment in accordance with the applicable provisions of law.
JUSTIFICATION : To insure that sex offenders are assured of a minimum sentence commensurate with their crime.
FISCAL IMPLICATIONS : None.
PRIOR LEGISLATIVE HISTORY : 2003-04: Senate Codes Cmte./Assembly Codes Cmte. 2005-06: Senate Codes Cmte./Assembly Codes Cmte. 2007-08: Senate Codes Cmte./Assembly Codes Cmte.
EFFECTIVE DATE : This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1685 2009-2010 Regular Sessions IN SENATE February 5, 2009 ___________Introduced by Sens. FLANAGAN, ALESI, FUSCHILLO, LARKIN, MAZIARZ, MORA- HAN, SEWARD, WINNER -- read twice and ordered printed, and when print- ed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to imprisonment for a sex crime against a minor less than 17 years of age 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 70.11 to read as follows: S 70.11 SENTENCE OF IMPRISONMENT FOR SEX CRIMES AGAINST A MINOR LESS THAN SEVENTEEN YEARS OF AGE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE WHEN A PERSON HAS BEEN CONVICTED OF A CRIME UNDER ARTICLE ONE HUNDRED THIRTY OF THIS CHAP- TER AGAINST A MINOR LESS THAN SEVENTEEN YEARS OF AGE THE COURT SHALL IMPOSE A SENTENCE OF IMPRISONMENT IN ACCORDANCE WITH APPLICABLE PROVISIONS OF LAW. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04584-01-9