S4119-2011 - NY Senate Open Legislation - Elevates promoting an obscene sexual performance by a child and promoting a sexual performance by a child to be class B felonies

Elevates promoting an obscene sexual performance by a child and promoting a sexual performance by a child to be class B felonies; prohibits pleading to a lesser offense after indictment for either such offense.

Sponsor: LANZA / Co-sponsor(s): GALLIVAN / Committee: CODES
Law Section: Penal Law / Law: Amd SS263.10 & 263.15, Pen L; amd S220.10, CP L

S4119-2011 Actions

Jun 20, 2012: referred to codes
Jun 20, 2012: DELIVERED TO ASSEMBLY
Jun 20, 2012: PASSED SENATE
Jun 20, 2012: ORDERED TO THIRD READING CAL.1375
Jun 20, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
Jan 4, 2012: REFERRED TO CODES
Mar 18, 2011: REFERRED TO CODES

S4119-2011 Meetings

Rules: Jun 21, 2012

S4119-2011 Calendars

Floor Calendar: Jun 20, 2012

S4119-2011 Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 20, 2012

Ayes (23): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Krueger, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (2): Duane, Montgomery

VOTE: FLOOR VOTE: - Jun 20, 2012

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (2): Espaillat, Huntley

S4119-2011 Memo

BILL NUMBER:S4119

TITLE OF BILL:
An act
to amend the penal law and the criminal procedure law, in relation to
promoting sexual performances by a child

PURPOSE:
Elevates promoting an obscene sexual performance by a child and
promoting a sexual performance by a child to be class B felonies.

SUMMARY OF PROVISIONS:
Section one amends the closing paragraph of section 263.10 of the
penal law and Section two amends the closing paragraph of section
263.15 of the penal law to increase the penalty of promoting an
obscene sexual performance by a child from a class D felony to a
class B felony. Section three requires that a plea of guilty allows
for no plea bargain for such offense.

JUSTIFICATION:
This bill makes it a class B felony for promoting an obscene sexual
performance by a child and promoting a sexual performance by a child.
Sex offenses against children are intolerable acts that society
should not put up with. This measure would also require those who
plead guilty cannot plea down to a lesser offense. This bill will
keep these classes of criminals out of our neighborhoods so they
cannot harm society's innocent children.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first November next succeeding the
date on which it shall have become a law.

S4119-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4119
 2011-2012 Regular Sessions
 I N  SENATE
 March 18, 2011
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes
 

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
 relation to promoting sexual performances by a child
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The closing paragraph of section 263.10 of the  penal  law,
 as  amended  by  chapter  1  of  the laws of 2000, is amended to read as
 follows:

 Promoting an obscene sexual performance by a child is a  class  [D]  B
 felony.
 

S  2.  The  closing  paragraph  of section 263.15 of the penal law, as
 amended by chapter 1 of the laws of 2000, is amended to read as follows:

 Promoting a sexual performance by a child is a class [D] B felony.
 

S 3. Subdivision 5 of section 220.10 of the criminal procedure law  is
 amended by adding a new paragraph (i) to read as follows:

 (I) WHERE THE INDICTMENT CHARGES THE CLASS B FELONY OFFENSE OF PROMOT
 ING  AN  OBSCENE  SEXUAL  PERFORMANCE  BY  A CHILD AS DEFINED IN SECTION
 263.10 OF THE PENAL LAW OR PROMOTING A SEXUAL PERFORMANCE BY A CHILD  AS
 DEFINED  IN  SECTION 263.15 OF THE PENAL LAW, THEN A PLEA OF GUILTY MUST
 INCLUDE AT LEAST A PLEA TO SUCH OFFENSE.
 

S 4. 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.
 LBD10274-02-1

S4119-2011: Elevates promoting an obscene sexual performance by a child and promoting a sexual performance by a child to be class B felonies