What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Increases the penalties for the rape or sexual assault of a child five years of age or less
In Assembly Committee · Codes · Sponsor Margaret Markey
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to increasing the penalties for the rape or sexual assault of a child
Purpose
A bill to amend the laws relating to the rape of a child in order to increase the jail time the offender receives.
Summary of provisions
Section 1 amends subdivision 3 of section 70.02 of the penal law, as amended by chapter 765 of the laws of 2005. This section is amended to create mandatory jail time, in the form of a sentence of twelve and one-half to twenty-five years, for all offenders who are convicted of raping children five years old or younger.
Section 2 amends several sections of the penal law. These sections are amended to create mandatory jail time for all offenders who are convicted of sexual assault against children five years old and younger.
Section 3 provides that the crime of sexual assault against a child five years of age or less will stand and serve as a predicate felony offense in subsequent sentencing procedures against a defendant.
Section 4 provides that in subsequent convictions relating to sexual assault against a child five years or age or less, where the convicted party has a qualifying predicate felony offense of sexual assault against a child of a Class B of Class C felony offense, the court shall impose an indeterminate sentence of imprisonment of thirty years to life.
Existing law
Various, including sections 70.02, 70.07, 130.00, 130.53, 400.19 of the penal law.
Justification
The amended bill makes necessary changes in the Penal Code relating to the rape of children. As of now, jail time for committed rapists is not strong enough to deter future crimes of rape. The penalties attendant to the rape of children under 5 years of age and younger must be increased. Something must be done in order to protect our youth from predators who wish them harm. Increasing the punishment offenders receive for raping children will help to deter future rapes and allow our children to grow up with a feeling of peace and safety.
Legislative history
S.2438 of 2007-2008/Passed Senate.
Fiscal implications
To be determined.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.