Bill Text: NY A06820 | 2009-2010 | General Assembly | Introduced


Bill Title: Relates to the crime of persistent sexual abuse; includes all sex crimes contained in penal law section 130.00 to the list of eligible crimes for persistent sexual abuse.

Spectrum: Partisan Bill (Republican 28-1)

Status: (Introduced - Dead) 2010-05-18 - held for consideration in codes [A06820 Detail]

Download: New_York-2009-A06820-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6820
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 12, 2009
                                      ___________
       Introduced by M. of A. SCOZZAFAVA, McDONOUGH -- Multi-Sponsored by -- M.
         of  A.  ALFANO,  BACALLES,  BARCLAY,  BARRA, BURLING, BUTLER, CALHOUN,
         CONTE, CROUCH, ERRIGO, FINCH, FITZPATRICK, GIGLIO, HAYES, KOLB,  OAKS,
         O'MARA,  QUINN,  RABBITT,  RAIA,  REILICH, SALADINO, SAYWARD, TEDISCO,
         THIELE, TOWNSEND -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to 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 264
    2  of the laws of 2003, is amended to read as follows:
    3  S 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,  has  been  convicted two or more times, in separate criminal trans-
   10  actions for which sentence was imposed on separate occasions, of  forci-
   11  ble touching, as defined in section 130.52 of this article, sexual abuse
   12  in the third degree as defined in section 130.55 of this article, sexual
   13  abuse  in  the second degree, as defined in section 130.60 of this arti-
   14  cle, or any offense defined in this article, of which the commission  or
   15  attempted  commission  thereof  is a felony] STANDS CONVICTED OF ANY SEX
   16  OFFENSE ENUMERATED IN THIS ARTICLE, AND WITHIN  THE  PREVIOUS  TEN  YEAR
   17  PERIOD, HAS BEEN CONVICTED TWO OR MORE TIMES, IN SEPARATE CRIMINAL TRAN-
   18  SACTIONS  FOR  WHICH  SENTENCE WAS IMPOSED ON SEPARATE OCCASIONS, OF ANY
   19  SEX OFFENSE ENUMERATED IN THIS ARTICLE.
   20    Persistent sexual abuse is a class E felony.
   21    S 2. This act shall take effect on the first of November next succeed-
   22  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.
                                                                  LBD08559-01-9
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