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S6129Senate2011-2012 SessionSame asA8956

Excludes any time during which a person was incarcerated from the ten year period relevant to the definition of the crime of persistent sexual abuse

Sponsor Michael GianarisSD-12+9 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 60–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.184
  7. 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.

A8956Assembly

Excludes any time during which a person was incarcerated from the ten year period relevant to the definition of the crime of persistent sexual abuse

In Assembly Committee · Codes · Sponsor Aravella Simotas

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S6129

Title of bill

An act to amend the penal law, in relation to excluding any time during which a person was incarcerated from the ten year period relevant to the definition of the crime of persistent sexual abuse

Purpose

To exclude time spent incarcerated from the ten year period in which, if convicted of certain sex crimes after having been convicted of similar sex crimes two or more times, an individual is guilty of the crime of "persistent sexual abuse."

Summary of specific provisions

Section 1 amends Section 130.53 of the penal code, which establishes that a person convicted of forcible touching, sexual abuse in the third degree, or sexual abuse in the second degree, after having been convicted of one of those crimes two or more times in the previous ten years, is guilty of "persistent sexual abuse." This section is amended to exclude any time during which such person was incarcerated from that ten-year period.

Section 2 establishes the effective date of this law as the first of November next succeeding the date on which it shall have become a law.

Justification

The crime of "persistent sexual abuse" is intended to impose harsher penalties on criminals who commit certain sex crimes on multiple occasions during a ten-year period. However, under current law, that ten-year period may include time during which the offender is incarcerated, and thus removed from general society and unable to commit the sex crimes in question against innocent civilians.

This bill would exclude time spent in prison from the ten-year period so that individuals who commit persistent sexual abuse are held fully responsible for their actions.

Prior legislative history

None.

Fiscal implications

None.

Effective date

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.