STATE OF NEW YORK
        ________________________________________________________________________

                                          2130

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Codes

        AN ACT to amend the penal law, in relation to removing  a  certain  time
          period for the crime of persistent sexual abuse

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 130.53 of the penal law, as amended by chapter  192
     2  of the laws of 2014, is amended to read as follows:
     3  § 130.53 Persistent sexual abuse.
     4    A  person  is guilty of persistent sexual abuse when he or she commits
     5  the crime of forcible touching, as defined in  section  130.52  of  this
     6  article,  sexual abuse in the third degree, as defined in section 130.55
     7  of this article, or sexual abuse in the second  degree,  as  defined  in
     8  section 130.60 of this article, and[, within the previous ten year peri-
     9  od, excluding any time during which such person was incarcerated for any
    10  reason,]  has  been  convicted  two  or more times, in separate criminal
    11  transactions for which sentence was imposed on  separate  occasions,  of
    12  forcible  touching, as defined in section 130.52 of this article, sexual
    13  abuse in the third degree as defined in section 130.55 of this  article,
    14  sexual  abuse in the second degree, as defined in section 130.60 of this
    15  article, or any offense defined in this article, of which the commission
    16  or attempted commission thereof is a felony.
    17    Persistent sexual abuse is a class E felony.
    18    § 2. This act shall take effect on the first of November next succeed-
    19  ing the date on which this act shall have become a law.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00727-01-1