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History
- Signed chap.192
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.797
- Substituted for A2711
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1042
Show 10 earlier actions
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.628
- 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.
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
Assembly Floor Calendar · Sponsor Aravella Simotas
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S612
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 axe held fully responsible for their actions.
Prior legislative history
2012: Senate Bill 6129 (Gianaris) - Passed Senate 60-1 (3/1/12) 2012: Assembly Bill 8956 (Simotas) - Died in Assembly Codes Committee
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.