Bill Text: NY A02623 | 2013-2014 | General Assembly | Amended

---

Bill Title: Provides that an assault of a child where the defendant has a previous conviction for an assault or an attempted assault of a child shall be an assault in the first degree.

Spectrum: Slight Partisan Bill (Democrat 37-24)

Status: (Passed) 2013-07-29 - signed chap.172 [A02623 Detail]

Download: New_York-2013-A02623-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2623--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 17, 2013
                                      ___________
       Introduced  by  M.  of  A.  GABRYSZAK, SCHIMMINGER, CERETTO, GRAF, RAIA,
         GUNTHER, BROOK-KRASNY, CLARK, SWEENEY, GIBSON, JAFFEE, WEPRIN,  PERRY,
         MAISEL,  McLAUGHLIN,  WALTER, McDONOUGH, CROUCH, CORWIN, KOLB, GIGLIO,
         KATZ, SALADINO, FINCH, ROBERTS, KEARNS, TENNEY, RYAN, GOODELL,  TEDIS-
         CO,  DIPIETRO,  COLTON, SEPULVEDA, ROSA -- Multi-Sponsored by -- M. of
         A.  BARCLAY, BOYLAND, CURRAN, DUPREY, GALEF,  GLICK,  HAWLEY,  HIKIND,
         JACOBS,  LAVINE,  LUPARDO,  MAGEE, MARKEY, McKEVITT, ORTIZ, PALMESANO,
         PEOPLES-STOKES, RA, RUSSELL, SCHIMEL, SIMANOWITZ,  STEVENSON,  THIELE,
         WEISENBERG  --  read  once  and  referred to the Committee on Codes --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       AN ACT to amend the penal law, in relation to assault of a child
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as "Jay J's law".
    2    S 2. Section 120.12 of the penal law, as added by chapter 477  of  the
    3  laws of 1990, is amended to read as follows:
    4  S 120.12 Aggravated assault upon a person less than eleven years old.
    5    A person is guilty of aggravated assault upon a person less than elev-
    6  en years old when being eighteen years old or more the defendant commits
    7  the crime of assault in the third degree as defined in section 120.00 of
    8  this  article  upon  a  person  less  than eleven years old and has been
    9  previously convicted of such crime upon a person less than eleven  years
   10  old within the preceding [three] TEN years.
   11    Aggravated assault upon a person less than eleven years old is a class
   12  E felony.
   13    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02438-08-3