Relates to consecutive sentencing for persons convicted of incest and any other sex offenses against the same child

BILL NUMBER:S4649

Title of bill

An act to amend the penal law, in relation to consecutive sentencing for persons convicted of incest and any other sex offenses against the same child

Purpose

To protect children from repeated, ongoing sexual abuse by a known individual by ensuring that, where a perpetrator is convicted of multiple crimes against the same child, such perpetrator serves each sentence consecutively rather than concurrently.

Summary of provisions

Section one amends section 70.25 of the penal law by adding a new subdivision 2-h which provides that whenever a person is convicted of incest and any other sex offense under article one hundred thirty of the penal law and the offenses are committed against the same child who is under the age of eighteen and that child is under the care, custody or control of the convicted person, the sentences must run consecutively.

Section two defines the effective date as the ninetieth day following the date on which this legislation becomes law and shall apply to all pending crimes unless the sentence has been imposed prior to the effective date.

Justification

Research consistently shows that approximately ninety percent of all sexual abuse is perpetrated by adults known to their victim, most often over an extended period of time. Sexual abuse takes a devastating toll on children, who experience long-term psychological trauma, especially when the abuse is repeated or is inflicted by a person in a position of trust or authority. Concurrent sentencing for multiple criminal acts thus denies the essential nature and impact of these crimes and potentially enables the perpetrator to return more quickly to the community where he or she is likely to abuse the same child or other children again. This bill eliminates concurrent sentencing for sexual abuse crimes against children, requiring that sentences for multiple convictions be served consecutively.

Legislative history

2008: S.1085 - Referred to Codes 2007: S.1085 - Passed Senate 2005-06: S.7353 - Passed Senate

Fiscal implications

Longer prison terms may result in an increased cost on the state.

Effective date

The ninetieth day following the date on which it shall have become law and shall apply to all pending criminal actions provided the sentence has not been imposed prior to such effective date.