Provides that an assault of a child where the defendant has a previous conviction for an assault or an attempted assault of a child shall be an assault in the first degree.
Ayes (60): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Adams, O'Mara, Parker
TITLE OF BILL: An act to amend the penal law, in relation to assault of a child
This bill increases the penalties for persons convicted of assault or aggravated assault against a child if that person has a previous or previous convictions for similar crimes.
SUMMARY OF PROVISIONS:
Section 1 states that this act shall be known and may be cited as Jay J's Law.
Section 2 amends section 120.10 subdivision 4 of the penal law and adds new subdivision 5 to require that a person is guilty of assault in the first degree if that person, with intent to cause physical injury to a person less than eleven years old, recklessly causes serious physical injury to such person, and has previously been convicted of assault or attempted assault in the first, second and third degree against a person less than eleven years old, or has previously been convicted of reckless assault of a child or attempted reckless assault of a child.
Section 3 amends section 120.12 of the penal law by designating current language as section 1 and requires that a person is guilty of aggravated assault upon a person less than eleven years old when the defendant commits the crime of assault in the third degree upon a person less than eleven years old and has been previously convicted of such a crime within the preceding ten years, instead of the current three years. This section also changes the offense of aggravated assault upon a person less than eleven years old from a class E felony to a class D felony.
Also amends section 120.12 of the penal law by adding subdivision 2, which requires that aggravated assault upon a person less than eleven years old shall be a class B felony if the person convicted has previously been convicted of aggravated assault upon a person less than eleven years old.
JUSTIFICATION: This bill aims to protect victims of child abuse by strengthening penalties against violent offenders who hurt children. This bill will fix a gap in state law wherein persons convicted of repeat violent assaults upon children are given light sentences, despite the great deal of damage done to the child.
In 2011 in North Tonawanda, NY, an infant boy named Jay J. Bolvin was beaten by his father, Jeremy J. Bolvin, and was left with 11 fractured bones and epilepsy. Jeremy J. Bolvin secured a plea bargain of third-degree assault and attempted second-degree assault and was sentenced to 1 1/3-to-four years in prison.
This was the maximum sentence that could be imposed by the judge. However, in 2007, Bolvin was convicted of assault in the third degree after beating another one of his sons and breaking his arm. This shows a clearly defined pattern of abuse.
This bill will strengthen penalties against repeat violent offenders. Under the bill, an adult will be charged with aggravated assault upon a person less than eleven years old, if he or she was previously convicted of assault after hurting a child within the preceding 10 years. This measure strengthens state law by expanding the time window for an aggravated assault charge from three to 10 years.
The legislation would also amend the penal law to make aggravated assault upon a person less than eleven years old a class D felony. If, after release from prison, a third child abuse offense occurs, the aggravated assault charge will become a class B felony. Class D felonies carry a maximum sentence of 7 years, while a class B felony has a maximum sentence of 25 years.
This bill honors young Jay J, who struggles every day to recover from the severe injuries he endured. Jay J suffers from Lennox-Gastaut Syndrome, a neurological condition that causes seizures. According to reports, doctors believe Jay J developed the disease after being abused by his father as an infant. He still suffers 20 to 30 seizures a day and it is likely he will have some cognitive troubles throughout his life.
LEGISLATIVE HISTORY: 2012: S.6508 Passed Senate/A.9488 Held for consideration in Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 530 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. KENNEDY -- 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 assault of a child THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as "Jay J's law". S 2. Subdivision 4 of section 120.10 of the penal law, as amended by chapter 791 of the laws of 1967, is amended and a new subdivision 5 is added to read as follows: 4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants
[.]; OR 5. BEING EIGHTEEN YEARS OLD OR MORE AND WITH INTENT TO CAUSE PHYSICAL INJURY TO A PERSON LESS THAN ELEVEN YEARS OLD, HE OR SHE RECKLESSLY CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON; AND HAS PREVIOUSLY BEEN CONVICTED OF ASSAULT IN THE FIRST DEGREE, SECOND DEGREE, OR THIRD DEGREE AGAINST A PERSON LESS THAN ELEVEN YEARS OLD; OR HAS BEEN CONVICTED OF ATTEMPTED ASSAULT IN THE FIRST DEGREE, SECOND DEGREE, OR THIRD DEGREE AGAINST A PERSON LESS THAN ELEVEN YEARS OLD; OR HAS BEEN CONVICTED OF RECKLESS ASSAULT OF A CHILD; OR ATTEMPTED RECKLESS ASSAULT OF A CHILD. S 3. Section 120.12 of the penal law, as added by chapter 477 of the laws of 1990, is amended to read as follows: S 120.12 Aggravated assault upon a person less than eleven years old. 1. A person is guilty of aggravated assault upon a person less than eleven years old when being eighteen years old or more the defendant commits the crime of assault in the third degree as defined in section 120.00 of this article upon a person less than eleven years old and has been previously convicted of such crime upon a person less than eleven years old within the preceding [three]TEN years.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02438-01-3 S. 530 2
2. AGGRAVATED ASSAULT UPON A PERSON LESS THAN ELEVEN YEARS OLD AS DEFINED IN SUBDIVISION ONE OF THIS SECTION SHALL BE A CLASS B FELONY WHEN THE PERSON SO CONVICTED HAS PREVIOUSLY BEEN CONVICTED OF SUCH CRIME AS DEFINED IN SUBDIVISION ONE OF THIS SECTION. Aggravated assault upon a person less than eleven years old is a class
[E]D felony. S 4. This act shall take effect immediately.