BILL NUMBER:  S681

 TITLE OF BILL :

An act to amend the penal law, in relation to assault of a child

 PURPOSE :

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 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 2 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
2013-14: S.530 PASSED SENATE died in assembly 01/08/14 REFERRED TO
CODES
2015-16: S.657 PASSED SENATE

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.