Bill S5869-2013

Provides that an assault of a child where the defendant has a previous conviction for an assault of a child shall be an assault in the first degree

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.

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  • Jun 21, 2013: SUBSTITUTED BY A2623A
  • Jun 21, 2013: ORDERED TO THIRD READING CAL.1631
  • Jun 18, 2013: REFERRED TO RULES

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BILL NUMBER:S5869

TITLE OF BILL: An act to amend the penal law, in relation to assault of a child

PURPOSE:

This bill increases the time frame for which previous convictions of an assault of a child can be considered for convicting an individual of the crime of aggravated assault upon a person less than eleven years old.

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 120.12 of the penal law as added by chapter 477 of the laws of 1990 to state that 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 ten years.

JUSTIFICATION:

This bill aims to protect victims of child abuse by increasing the look back time for previous convictions when charging an individual with aggravated assault on a child. This bill will fix a gap in state law wherein persons convicted of a violent assault upon a child any more than three years after a prior assault is treated as an isolated incident.

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 acknowledge the problems with 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 seven years. This measure strengthens state law by expanding the time window for an aggravated assault charge from three to ten 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5869 2013-2014 Regular Sessions IN SENATE June 18, 2013 ___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. 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. A person is guilty of aggravated assault upon a person less than elev- en 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. Aggravated assault upon a person less than eleven years old is a class E felony. S 3. This act shall take effect immediately.

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