NY State Senate Bill 2015-S211

Senate Bill S211

2015-2016 Legislative Session

Relates to terms of imprisonment and electronic monitoring of persons convicted of predatory sexual assault against a child

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 07, 2015	referred to codes

2015-S211 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.00, 70.06 & 65.10, Pen L
Versions Introduced in 2013-2014 Legislative Session:: S5344

2015-S211 (ACTIVE) - Summary

Relates to terms of imprisonment and electronic monitoring of persons convicted of predatory sexual assault against a child.

2015-S211 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S211

 TITLE OF BILL :  An act to amend the penal law, in relation to terms
of imprisonment and electronic monitoring of persons convicted of
predatory sexual assault against a child

 PURPOSE :

To strengthen the penalties of first time child sex offenders
including increasing the minimum time of imprisonment and requiring
electronic tracking devices for individuals receiving probation.

 SUMMARY OF PROVISIONS :

Section 1 amends 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, by changing the minimum period of imprisonment for
predatory sexual assault against a child to twenty-five years.

Section 2 amends paragraph (a) of subdivision 4 of Section 70.06 of
the Penal Law as amended by chapter 107 of the laws of 2006 by
changing the minimum period of imprisonment for a second felony
offender convicted of a class A-II felony of predatory assault against
a child to twenty-five years.

Section 3 amends subdivision 4 of Section 65.10 of the Penal Law by

adding a new subsection that would require all child sex offenders
upon receiving probation to submit to using a electronic tracking
device.

Section 4 sets the effective date.

 JUSTIFICATION :

On February 27, 2005 nine year old Jessica Lunsford was abducted and
raped by John Couey, a forty-six year old recidivist who had
previously been arrested on twenty-four different accounts.
Currently, New York State law sets the minimum period of imprisonment
for first time child sex offenders at ten years, and leaves the
imposition of electronic tracking devices on offenders at the
discretion of the Court. This bill will protect the safety of our
children by setting the minimum sentence of a child sex offender at
twenty five years, and making electronic tracking devices mandatory
for offenders receiving probation.

 LEGISLATIVE HISTORY :

S.5344 (2014)

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day that it
shall become law.

2015-S211 (ACTIVE) - Bill Text download pdf

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

                                   211

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. MARTINS -- 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 terms of imprisonment  and
  electronic monitoring of persons convicted 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.
  S 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]  NOT
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

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

                                                           LBD02188-01-5

S. 211                              2

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 TWENTY-FIVE YEARS.
  S  3.  Subdivision  4 of section 65.10 of the penal law, as amended by
section 46 of part A of chapter 56 of the laws of 2010,  is  amended  to
read as follows:
  4.  Electronic  monitoring.  (A) When imposing a sentence of probation
the court may, in addition to any conditions imposed pursuant to  subdi-
visions  two  and three of this section, require the defendant to submit
to the use of an electronic monitoring device and/or to follow a  sched-
ule  that  governs the defendant's daily movement. Such condition may be
imposed only where the court, in its discretion, determines that requir-
ing the defendant to comply with  such  condition  will  advance  public
safety,  probationer  control  or probationer surveillance.   Electronic
monitoring shall be used in accordance with uniform procedures developed
by the office of probation and correctional alternatives.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  WHEN  IMPOSING A SENTENCE OF PROBATION UPON A PERSON CONVICTED OF
PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS DEFINED IN SECTION 130.96 OF
THIS CHAPTER, IT SHALL BE MANDATORY FOR THE DEFENDANT TO SUBMIT  TO  THE
USE OF AN ELECTRONIC MONITORING DEVICE IN ACCORDANCE WITH UNIFORM PROCE-
DURES  DEVELOPED  BY  THE  OFFICE OF PROBATION AND CORRECTIONAL ALTERNA-
TIVES.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.