S6129-2011 - NY Senate Open Legislation - 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

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.

Sponsor: GIANARIS / Co-sponsor(s): ADAMS, ADDABBO, AVELLA, CARLUCCI, DILAN, HUNTLEY, KENNEDY, OPPENHEIMER, STAVISKY / Committee: CODES
Law Section: Penal Law / Law: Amd S130.53, Pen L

S6129-2011 Actions

Mar 1, 2012: referred to codes
Mar 1, 2012: DELIVERED TO ASSEMBLY
Mar 1, 2012: PASSED SENATE
Feb 14, 2012: ADVANCED TO THIRD READING
Feb 13, 2012: 2ND REPORT CAL.
Feb 7, 2012: 1ST REPORT CAL.184
Jan 4, 2012: REFERRED TO CODES

S6129-2011 Meetings

Codes: Feb 7, 2012

S6129-2011 Calendars

Active List: Mar 1, 2012 , Floor Calendar: Feb 13, 2012 , Floor Calendar: Feb 14, 2012 , Floor Calendar: Feb 15, 2012 , Floor Calendar: Feb 29, 2012 , Floor Calendar: Mar 1, 2012

S6129-2011 Votes

VOTE: COMMITTEE VOTE: - Codes - Feb 7, 2012

Ayes (15): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Parker, Squadron, Espaillat
Ayes W/R (1): Perkins

VOTE: FLOOR VOTE: - Mar 1, 2012

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Oppenheimer

S6129-2011 Memo

BILL NUMBER:S6129

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 are held fully
responsible for their actions.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first of November next succeeding the date on which it shall have
become a law.

S6129-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 6129                                                  A. 8956
 SENATE - ASSEMBLY
 (PREFILED)
 January 4, 2012
 
 IN  SENATE  --  Introduced  by  Sen.  GIANARIS -- read twice and ordered
 printed, and when printed to be committed to the Committee on Codes
 IN ASSEMBLY -- Introduced by M. of A. SIMOTAS -- read once and  referred
 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.
 LBD13698-01-2

S6129-2011: 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