Relates to imposing stricter penalties for certain sexual offenses; repealer

Section two of the bill would amend Penal Law §30 relating to the defense of infancy by adding the new crime of Predatory Sexual Assault to the list of crimes for which a person less than sixteen years old can be held criminally responsible.

Section three of the bill would amend Penal Law § 70.00(3)(a)(i) to require that any person convicted of the A-I felonies of Rape of a Child in the First Degree, Criminal Sexual Act Against a Child in the First Degree, Aggravated Sexual Abuse of a Child in the First Degree, Course of Sexual Conduct Against a Child in the First Degree, Predatory Sexual Assault, or Use of a Child in a Sexual Performance in the First Degree be sentenced to an indeterminate sentence of 25 years-to-life.

Section four of the bill would amend Penal Law § 70.02(1)(a) to make the following crimes Class B violent felonies: (i) Use of a Child in a Sexual Performance in the Second Degree, (ii) Promoting an Obscene Sexual Performance by a Child in the First Degree, and (iii) Promoting a Sexual Performance by a Child in the First Degree. This section also would amend Penal Law § 70.02(1 )(b) to designate the following crimes Class C violent felonies: (a) Rape of a Child in the Second Degree, (b) Criminal Sexual Act Against a Child in the Second Degree, (c) Sexual Abuse of a Child, (d) Aggravated Sexual Abuse of a Child in the Second Degree, ( e) Course of Sexual Conduct Against a Child in the Second Degree, (f) Promoting an Obscene Sexual Performance by a Child in the Second Degree, (g) Possessing an Obscene Sexual Performance by a Child in the First Degree, (h) Promoting a Sexual Performance by a Child in the Second Degree, and (i) Possessing a Sexual Performance by a Child in the First Degree. This section further would amend Penal Law § 70.02(1)(c) to designate the following crimes Class D violent felonies: (I) Rape of a Child in the Third Degree, (2) Criminal Sexual Act against a Child in the Third Degree, (3) Rape in the Second Degree, (4) Aggravated Sexual Abuse of a Child in the Third Degree (5) Criminal Sexual Act in the Second Degree, (6) Aggravated Sexual Abuse in the Third Degree, (7) Facilitating a Sex Offense with a Controlled Substance, (8) Possessing an Obscene Sexual Performance by a Child in the Second Degree, and (9) Possessing a Sexual Performance by a Child in the Second Degree.

Section five of the bill would amend Penal Law §70.07 to remove references to "child" and thereby make the sentencing applicable to all second sexual assault felony offenders, and would provide for a mandatory sentence of 25 years to life for any second sexual assault felony offender.

Section six of the bill would amend Penal Law §I I0.05(1) to punish as an A-I felony an attempt to commit any of the following A-I felonies: (i) Rape of a Child in the First Degree, (ii) Criminal Sexual Act against a Child in the First Degree, (ii) Course of Sexual Conduct against a Child in the First Degree, (iv) Aggravated Sexual Abuse of a Child in the First Degree, (v) Use of a Child in a Sexual Performance in the First Degree, or (vi) Predatory Sexual Assault.

Section seven of the bill would amend Penal Law §125.25(S) to make causing the death of any person under the age of 15 by a person over 18, intentionally or otherwise, in the course of committing or attempting to commit the sex offenses against children created by this legislation, Second Degree Murder, for which a sentence of life imprisonment without parole is required.

Section eight of the bill would amend Penal Law § 130.00(9), to remove from the definition of a "foreign object", for purposes of sex crimes definitions, the requirement that the object be capable of causing physical injury,

Section nine of the bill would amend the definition of "aggravated sexual contact" in Penal Law § 130.00(11) by adding penetration with a finger to the definitions of the crime and by deleting the references to "child" and causing "physical injury".

Section ten of the bill would amend Penal Law §130.05 (3)(h) to conform that section to the new reference to Aggravated Sexual Abuse in the Third Degree, as created by section twenty-seven of the bill.

Section eleven of the bill would amend Penal Law § 130.10 (3) to conform that section to the new reference to Aggravated Sexual Abuse in the Third Degree, as created by section twenty-seven of the bill.

Section twelve of the bill would amend Penal Law § 130.25 by deleting the subdivision which defined the act of a person 21 years old or more engaging in sexual intercourse with a person less than 17 years of age as Rape in the Third Degree.

Section thirteen of the bill would add a new Penal Law §130.26, which would provide that a person 21 or more years old engaging in sexual intercourse with a person less than 17 years of age is guilty of Rape of a Child in the Third Degree, a Class D felony.

Section fourteen of the bill would amend Penal Law § 130.30 by deleting the subdivision which defined the act of a person over the age of 18 engaging in sexual intercourse with a person less than 15 years of age as Rape in the Second Degree.

Section fifteen of the bill would add a new Penal Law § 130.31, which would provide that a person over the age of 18 engaging in sexual intercourse with a person less than 15 years of age is guilty of Rape of a Child in the Second Degree, a Class C felony.

Section sixteen of the bill would amend Penal Law § 130.35 to remove provisions defining the act of sexual intercourse with any person less than 11 years of age, or with any person less than 13 years of age, if the actor is greater than 18 years of age, as Rape in the First Degree.

Section seventeen of the bill would add a new Penal Law § 130,36, which would provide that a person who engages in sexual intercourse with a person under the age of 13, and any person over the age of 18 who engages in sexual intercourse with a person less than 14 years of age, is guilty of Rape of a Child in the First Degree, a Class A-1 felony.

Section eighteen of the bill would amend Penal Law § 130.40 by deleting the subdivision which defined the act of a person 21 years old or more engaging in oral or anal sexual conduct with a person less than 17 years of age as Criminal Sexual Act in the Third degree.

Section nineteen of the bill would add a new Penal Law §130.41, which would provide that a person 21 years old or more engaging in oral or anal sexual conduct with a person less than 17 years of age is guilty of Criminal Sexual Act against a Child in the Third Degree, a Class D felony.

Section twenty of the bill would amend Penal Law § 130.45 by deleting the subdivision which defined the act of a person 18 years old or more engaging in oral or anal sexual conduct with a person less than 15 years of age as Criminal Sexual Act in the Second Degree.

Section twenty-one of the bill would add a new Penal Law §130.46, which would provide that a person 18 years old or more engaging in oral or anal sexual conduct with a person less than 15 years of age is guilty of Criminal Sexual Act against a Child in the Second Degree, a Class C felony.

Section twenty-two of the bill would amend Penal Law §130.50 to remove provisions defining oral or anal sexual conduct with any person less than 11 or with any person less than 13, if the actor is 18 years old or more, as Criminal Sexual Act in the First Degree.

Section twenty-three of the bill would add a new Penal Law §130.51, which would provide that a person who engages in oral or anal sexual conduct with a person under the age of 13, and any person 18 years old or more who engages in oral or anal sexual conduct with a person less than 14 years of age, is guilty of Criminal Sexual Act against a Child in the First Degree, a Class A-1 felony.

Section twenty-four of the bill would amend Penal Law § 130.55 to upgrade Sexual Abuse in the Third Degree, currently a Class B misdemeanor, to a Class A misdemeanor.

Section twenty-five of the bill would amend Penal Law § 130.60 to upgrade Sexual Abuse in the Second Degree, currently a Class A misdemeanor, to a Class E felony.

Section twenty-six of the bill would amend the Penal Law by adding a new section 130.63, to establish the crime of Sexual Abuse of a Child, a Class C felony, defined as subjecting a person less than 13 years old to sexual contact, or a person 18 years old or more subjecting a person less than 14 to sexual contact.

Section twenty-seven of the bill would amend Penal Law § 130.65 to remove provisions defining sexual contact with any person less than 11 as Sexual Abuse in the First Degree.

Section twenty-eight of the bill would amend Penal Law § 130.65-a to rename Aggravated Sexual Abuse in the Fourth Degree as Aggravated Sexual Abuse in the Third Degree, and to upgrade the offense to a Class D felony from a Class E felony, and to remove, as an element of the crime, the requirement that physical injury be caused.

Section twenty-nine of the bill would repeal Penal Law § 130,66, Aggravated Sexual Abuse in the Third Degree.

Section thirty of the bill would amend Penal Law § 130.67, Aggravated Sexual Abuse in the Second Degree, to remove as the element of the crime the requirement that physical injury be caused and to remove provisions defining conduct against a person less than 11 years old as a theory of the crime.

Section thirty-one of the bill would add a new Penal Law § 130.68 which would provide that a person 21 years or older who inserts a finger or foreign object in the vagina, urethra, penis or rectum of a person under the age of 17 is guilty of Aggravated Sexual Abuse of a Child in the Third Degree, a Class D felony.

Section thirty-two of the bill would add a new Penal Law §130.69 which would provide that a person 18 years old or more who inserts a finger or foreign object in the vagina, urethra, penis or rectum of a person under the age of 15 is guilty of Aggravated Sexual Abuse of a Child in the Second Degree, a Class C felony.

Section thirty-three of the bill would amend Penal Law § 130.70, Aggravated Sexual Abuse in the First Degree, to make the section gender neutral, remove the requirement, as an element of the crime, that physical injury be caused and to replace, as a theory of the crime, conduct against a person less than 11 with conduct against a person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

Section thirty-four of the bill would add a new Penal Law §130.71, which would provide that a person who inserts a finger or foreign object in the vagina, urethra, penis or rectum of a person under the age of 13, or any person 18 years or older who inserts a finger or foreign object in the vagina, urethra, penis or rectum of a person less than 14 years of age, is guilty of Aggravated Sexual Abuse of a Child in the First Degree, a Class A-1 felony.

Section thirty-five of the bill would amend Penal Law § 13035, Course of Sexual Conduct Against a Child in the First Degree, to raise the ages of child victims and to upgrade the crime, currently a class 13 felony, to a Class A-1 felony.

Section thirty-six of the bill would amend Penal Law §130.80, Course of Sexual Conduct Against a Child in the Second Degree, to raise the ages of the child victims and to upgrade the crime, currently a Class D felony, to a Class C felony.

Section thirty-seven of the bill would add a new Penal Law § 130.95 to create the new felony offense of Predatory Sexual Assault, a Class A-1 felony, which would be defined as the commission of one of the highest level sexual felonies along with an added aggravating factor (E.G., causing serious physical injury in the attack or attacking more than one person).

Section thirty-eight of the bill would amend Penal Law §263(1) and (2) to reference newly created sections of Article 263 of the Penal Law and to raise the ages of the children victimized for purposes of crimes involving a sexual performance by a child.

Section thirty-nine of the bill would add a new Penal Law §263.03 to create the new crime of Use of a Child in a Sexual Performance in the First Degree, a Class A-1 felony, relating to using a child less than 13 in a sexual performance.

Section forty of the bill would rename Penal Law §263.05 as Use of a Child in a Sexual Performance in the Second Degree, to make the statute gender neutral, and to upgrade the crime, currently a Class C felony, to a Class B felony.

Section forty-one of the bill would add a new Penal Law §263.08, to create the new crime of Promoting an Obscene Sexual Performance by a Child in the First Degree, a Class B felony, relating to Promoting an Obscene Sexual Performance by a child under 13.

Section forty-two of the bill would rename Penal Law §263.10, Promoting an Obscene Sexual Performance by a Child in the Second Degree, make the statute gender neutral, and upgrade the crime, currently a Class D felony, to a Class C felony.

Section forty-three of the bill would amend Penal Law §263.11 by renaming the crime Possessing an Obscene Sexual Performance by a Child in the First Degree, and lowering the age of the child victimized to less than 13 and upgrading the offense, currently a Class E felony, to a Class C felony.

Section forty-four of the bill would add a new Penal Law §263.12 to create the crime of Possessing an Obscene Sexual Performance by a Child in the Second Degree, a Class D felony, relating to a depiction of a child less than 17.

Section forty-five of the bill would add a new Penal Law §263.13 to create the crime of Promoting a Sexual Performance by a Child in the First Degree, a Class B felony, relating to the promotion of a sexual performance by a child under 13.

Section forty-six of the bill would amend Penal Law §263.15 by renaming the crime Promoting a Sexual Performance by a Child in the Second Degree, and upgrading the crime, currently a Class D felony, to a class C felony.

Section forty-seven of the bill would amend Penal Law §263.16 by renaming the crime Possessing a Sexual Performance by a Child in the First Degree, reducing the age of the child victimized to less than 13, making the crime gender neutral, and upgrading the crime, currently a Class E felony, to a Class C felony.

Section forty-eight of the bill would add a new Penal Law §263.17 to create the crime of Possessing a Sexual Performance by a Child in the Second Degree, a Class D felony, would be defined as the possession of a sexual performance by a child less than 17 years of age.

Section forty-nine of the bill would amend Penal Law §263.20 to add a reference to the newly added crimes of Possessing an Obscene Sexual Performance by a Child in the Second Degree and Possessing a Sexual Performance by a Child in the Second Degree.

Sections fifty and fifty-one of the bill would amend Correction Law §§168-a(2)(a)(i) and (3)(a)(i) to require that any person convicted of any of the newly created sex offenses is obligated to register as a sex offender with the New York State Sex Offender Registry.

Section fifty-two of the bill would add a new Correction Law § 1 68-1(6-a) to require that the Board of Examiners of Sex Offenders provide a recommendation as to the level of risk posed by a person convicted of a sex offender to the Parole Board prior to the Parole Boards consideration of such person for release.

Sections fifty-three and fifty-four of the bill would amend Executive Law §§259-a(1) and 2594(2)(0(A) to provide that the recommendation of the Board of Examiners of Sex Offenders be considered prior to the discretionary release of a person convicted of a sex offense.

Section fifty-five of the bill would amend the Executive Law §995 relating to Forensic Science and DNA, to conform the law to the newly created sexual crimes. Section fifty-six of the bill would amend Criminal Procedure Law §1.20(42) relating to the definition of "juvenile offenders" by deleting references to subdivisions one and two of Penal Law §§130.35 and 130.50.

Section fifty-seven of the bill would repeal Criminal Procedure Law §200.62, relating to the need for special information to accompany the indictment regarding a child sexual assault offender.

Section fifty-eight of the bill would amend Criminal Procedure Law §400.19, relating to the procedure for determining when a person is a second sexual assault felony offender.

Section fifty-nine of the bill would amend Criminal Procedure Law §700.05(8)(b) by adding the newly-created sex offenses to the list of designated offenses for which an eavesdropping or video surveillance warrant may be sought.

Section sixty of the bill would provide that the bill shall take effect ninety days after it has been enacted.

Existing law

Currently, there are no Class A felony sex offenses in New York State and Rape in the Second Degree, Criminal Sexual Act in the Second Degree and Facilitating a Sex Offense with a Controlled Substance are not violent felony offenses. Additionally, none of the Penal Law Article 263 felonies involving a sexual performance by a child or an obscene sexual performance by a child are considered violent felony offenses.

Criminal Procedure Law §400.19 currently sets forth the procedure for determining whether the defendant is a second child sexual assault felony offender. Whenever a person is charged with the commission or attempted commission of a Penal Law Article 130 felony, and it appears the victim was less than 15 years of age, Criminal Procedure Law §200.62 provides that an indictment may be accompanied by special information filed by the district attorney alleging that the victim was less than 15 years old. Penal Law §70.07 provides for a specific range of sentences for a second child sexual assault felony offender based upon the class of offense for which the offender stands convicted and the class of the predicate conviction.

Murder in the Second Degree includes the instance where an individual, 18 years of age or older, while in the course of committing the following offenses against a person less than 14 years old causes the death of such person: (1) Rape in the First, Second or Third Degree, (2) Criminal Sexual Act in the First, Second or Third Degree, (3) Sexual Abuse in the First Degree, (4) Aggravated Sexual Abuse in the First, Second, Third or Fourth Degree, or (5) Incest

The definition of "foreign object" includes a requirement that the object be capable of causing physical injury when inserted, and the definition of "aggravated sexual contact" requires that physical injury to a child be caused.

The crimes of Rape, Criminal Sexual Act, Aggravated Sexual Abuse and Sex Abuse have specific subdivisions which apply to crimes against children.

Sexual Abuse in the Third Degree is a Class B misdemeanor. Sexual Abuse in the Second Degree is a Class A misdemeanor.

In Penal Law Article 263, the definitions of "sexual performance" and "obscene sexual performance" include sexual conduct by a child less than 16 or 17 years of age, depending upon the specific section.

Criminal Procedure Law §700.05(8) sets forth the definition of "designated offense" for the purpose of eavesdropping and video surveillance warrants, and lists specific offenses which must be alleged in order for an application for such a warrant to be considered. The Board of Parole currently does not receive a copy of the Board of Examiners of Sex Offenders recommendation to the court regarding risk level and designation.

Justification

This proposal would: (1) create new sex crimes with sharply increased penalties targeting predatory sexual offenders and those sex offenders who prey on children; (2) sharply increase penalties for repeat felony sex offenders; (3) elevate the severity of certain sex offenses against children by raising the class of the offense and/or deeming the offense a violent felony offense; (4) increase the age range for child victims of certain offenses; and (5) require registration as a sex offender when convicted of one of the new crimes. These enhancements are needed to protect the public, send the message to sex offenders that victimization of children and violent sex offenses will result in lifetime incarceration and hold accountable the offenders who commit such heinous acts.

Below is a listing of the offenses deemed violent offenses and the applicable sentences under this proposal. The new crimes to be created under this bill are identified with an asterisk (*).

CLASS A-I OFFENSES Rape of a Child 1st §1.30.36* 25 - Life Criminal Sexual Act Against a Child 1st P.L. § 130.51 * 25 - Life Aggravated Sexual Abuse Child 1st §130.71* 25 - Life Course of Sexual Conduct Against a Child 1st P.L. §130.75 25 - Life Predatory Sexual Assault P.L. §130.95* 25 - Life Use of a Child in a Sexual Performance 1st §263.03* 25 - Life

CLASS B VIOLENT OFFENSES Rape 1st P.L. §130.35 Determinate 5-25 Years Criminal Sexual Act 1st P.L. §130.50 Determinate 5-25 Years Aggravated Sexual Abuse 1st P.L. §130.70 Determinate 5-25 Years Use of a Child in a Sexual Performance 2nd P.L. §263.05* Determinate 5-25 Years Promoting Obscene Sexual Performance Child 1st P.L. §263.08* Determinate 5-25 Years Promoting a Sexual Performance by a Child 1st P.L. §263.13* Determinate 5-25 Years

CLASS C VIOLENT OFFENSES Rape of a Child 2nd P §130 31* Determinate 3 1/2-15 Years Criminal Sexual Act Against a Child 2nd P.L. §130.46* Determinate 3 1/2-15 Years Sexual Abuse of a Child Pl. §130.63* Determinate 3 1/2-15 Years Aggravated Sexual Abuse of a Child 2nd P.L. §130,69* Determinate 3 1/2-15 Years Aggravated Sexual Abuse 2nd P.L. §130.67 Determinate 3 1/2-15 Years Course of Sexual Conduct Against a Child 2nd PL. §130.80 Determinate 3 1/2-15 Years Promoting Obscene Sexual Performance Child 2nd P.L. §263.10* Determinate 3 1/2-15 Years Possessing Obscene Sexual Performance Child 1st P.L. §263.11* Determinate 3 1/2-15 Years Promoting a Sexual Performance by a Child P.L. §263.15* Determinate 3 1/2-15 Years Promoting a Sexual Performance by a Child 2nd P.L. §263.15* Determinate 3 1/2-15 Years Possessing a Sexual Performance by a Child 1st P.L. §263.16* Determinate 3 1/2-15 Years

CLASS D VIOLENT OFFENSES Rape of a Child 3rd P.L. § 130.26* Determinate 2-7 Years Rape 2nd P.L. §130.30 Determinate 2-7 Years Criminal Sexual Act Against a Child 3rd P.L. §130.41* Determinate 2-7 Years Criminal Sexual Act 2nd P.L. § 130.45 Determinate 2-7 Years Sexual Abuse 1st P.L. §130.65 Determinate 2-7 Years Aggravated Sexual Abuse of a Child 3rd P.L. §130.68* Determinate 2-7 Years Aggravated Sexual Abuse 3rd P.L. §130.65-a Determinate 2-7 Years Facilitating Sex Offense with Cont'd Substance P.L. §130.90 Determinate 2-7 Years Possessing Obscene Sexual Performance Child 2nd P.L. §263.12*

Determinate 2-7 Years Possessing Sexual Performance by a Child 2nd PL. §263.17* Determinate 2-7 Years

The newly created sex crimes against children are specifically designed to cover instances where the victim is typically considered a child by the public as well as by medical professionals, by raising the defined age of a "child" for purposes of many of the Penal Law Article 130 offenses. For example, the existing offense of Rape in the First Degree has four subdivisions, two of which apply where: (i) the victim is less than 11 years of age (Penal Law § 130.35(3) and (ii) the victim is less than 13 years of age and the actor is eighteen years of age or older (Penal Law §130.35(4)). This proposal would remove these two subdivisions from the crime of Rape in the First Degree, place them in the newly created offense of Rape in the First Degree, Penal Law §1.30.36, and raise the ages of the victims from 11 to 13 and from 13 to 14 where the actor is 18 years of age. Rape in the First Degree would remain a Class B violent felony offense, while Rape of a Child in the First Degree would be a Class A-I felony. The current maximum sentence a first time adult offender can receive when convicted of Rape in the First Degree, a Class B felony, where the victim is under 11 years of age, is 5 to 25 years. Under this proposal, an adult offender convicted of Rape of a Child in the First Degree, Penal Law . 130.36, a Class A-I felony, would receive a sentence of 25 years-to-life.

Penal Law Article 263 offenses have also been divided into separate offenses with penalties that correspond to the age of the victim. Currently, this Article does not comport with other Penal Law-defined sexual felonies against children because it does not contain increased penalties for those who victimize the youngest and most vulnerable victims. For example, the crime of Use of a Child in a Sexual Performance, currently a Class C felony contained in Penal Law §263.05, requires that the child be less than 17 years of age. This proposal would separate use of a child in a sexual performance into two offenses based upon the age of the victim. Use of a Child in a Sexual Performance in the First Degree would apply where the child is under 13 years of age, and would be a Class A-I felony. Use of a Child in a Sexual Performance in the Second Degree, would maintain the age of the child as under 17 years of age, but elevates the offense to a Class B felony.

In addition, the legislation would amend the current sentencing statutes governing the sentencing of a second child sexual assault felony offender to remove the references to children and to simplify the current complex sentencing scheme created by those laws. The amendments would have the effect of creating a new sentencing scheme for "second sexual assault felony offenders", i.e. all those who after a conviction for a sexual assault felony have again committed one of these terrible attacks. All such second sexual assault felony offenders would receive a sentence of 25 years-to-life.

Currently, a person charged with and convicted of the Class B felony of Rape in the First Degree, where the victim is a child less than eleven years old, can be sentenced to a period of incarceration as low as five years. Under this proposal, such person would not serve less than 25 years and may be imprisoned for life. Additionally, a second felony offender who has sexual contact with a child less than eleven years old can be sentenced, at this time, to a term of imprisonment as low as five years and no higher than 15 years. Under this proposal, the same person would be subject to a mandatory sentence of 25 years to life. Moreover, under this proposal, the mandatory 25 years-to-life sentence is required whenever a person is convicted of a second sexual assault and not just when the assault occurs against a child who is 14 years old or younger.

Current laws regarding the creation, promotion and possession of child pornography also need to be addressed. Currently, those crimes are not deemed "violent felonies", and a person convicted of using a child in a sexual performance may be sentenced to an indeterminate term as low as one to three years. Under this proposal, such crimes would be deemed "violent felonies", and a person using a child less than 13 years old in a sexual performance would face a mandatory term of 25 years-to-life in prison. If the child is older than 13, the offender will be eligible for a maximum sentence of 25 years under this proposal.

This bill also would create the new crime of Predatory Sexual Assault, a Class A-I felony, designed to protect society from "worst of the worst" sexual predators, which would also be punished by a mandatory 25 years- to-life in prison. This new crime would apply where, during the course of the commission of a listed sex crime, or in the immediate flight therefrom, an individual or another participant in the crime causes serious physical injury to someone, is armed with a deadly weapon, uses or threatens the immediate use of a dangerous instrument or displays what appears to be a gun. It also would apply where the individual has engaged in conduct constituting a listed sex crime against one or more additional persons or where the individual has a specified prior felony conviction.

All these changes are critical to the protection of our children and other vulnerable potential victims from violent sexual predators and will ensure that offenders who target children or who are repeat felons will face the remainder of their lives in prison. Although no punishment of an offender can ever restore a child's innocence, sentences must be sharply enhanced to make those sentences to reflect the terrible damage that these offenders inflict upon the most vulnerable members of our society. The Sexual Assault Reform Act, signed into law by Governor Pataki in 2000, was the first major reform of the sexual assault laws in New York State since 1965. The Sexual Assault Reform Act increased penalties, established procedural reforms to enhance prosecution and extended additional protections to victims of sex offenses. This new proposal would build upon the success of the Sexual Assault Reform Act by proposing additional increased penalties and new crimes specifically tailored to those who sexually assault children.

Legislative history

2008-07: S.5474 Committed to Rules 2006: S.7843 Passed Senate

Fiscal implications

To be determined.

Local fiscal implications

EFFECTIVE DATE : Ninetieth day after it shall have become law.