Excludes any time during which a person was incarcerated from the ten year period relevant to the definition of the crime of persistent sexual abuse.
Ayes (62): Adams, 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, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (1): Martins
TITLE OF BILL: An act to amend the penal law, in relation to excluding any time during which a person was incarcerated from the ten year period relevant to the definition of the crime of persistent sexual abuse
PURPOSE: To exclude time spent incarcerated from the ten year period in which, if convicted of certain sex crimes after having been convicted of similar sex crimes two or more times, an individual is guilty of the crime of "persistent sexual abuse."
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Section 130.53 of the penal code, which establishes that a person convicted of forcible touching, sexual abuse in the third degree, or sexual abuse in the second degree, after having been convicted of one of those crimes two or more times in the previous ten years, is guilty of "persistent sexual abuse." This section is amended to exclude any time during which such person was incarcerated from that ten-year period.
Section 2 establishes the effective date of this law as the first of November next succeeding the date on which it shall have become a law.
JUSTIFICATION: The crime of "persistent sexual abuse" is intended to impose harsher Penalties on criminals who commit certain sex crimes on multiple occasions during a ten-year period. However, under current law, that ten-year period may include time during which the offender is incarcerated, and thus removed from general society and unable to commit the sex crimes in question against innocent civilians.
This bill would exclude time spent in prison from the ten-year period so that individuals who commit persistent sexual abuse axe held fully responsible for their actions.
PRIOR LEGISLATIVE HISTORY: 2012: Senate Bill 6129 (Gianaris) - Passed Senate 60-1 (3/1/12) 2012: Assembly Bill 8956 (Simotas) - Died in Assembly Codes Committee
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: The first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 612 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. GIANARIS, ADAMS, ADDABBO, AVELLA, CARLUCCI, DILAN, KENNEDY, STAVISKY -- 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 excluding any time during which a person was incarcerated from the ten year period relevant to the definition of 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, EXCLUDING ANY TIME DURING WHICH SUCH PERSON WAS INCARCERATED FOR ANY REASON, has been convicted two or more times, in separate criminal tran- sactions 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 it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01842-01-3