Relates to the penalty for the offense of predatory sexual assault against a child

1 Co-sponsor

• Rich Funke

BILL NUMBER:S1083

Title of bill

An act to amend the penal law, in relation to sentence of imprisonment for the offense of predatory sexual assault against a child

Purpose or general idea of bill

To require a 25 year minimum prison sentence upon conviction of the crime of predatory sexual assault against a child.

Summary of specific provisions

Section 1: Amends subparagraph (ii) of paragraph (a) of subdivision 3 of section 70.00 of Penal Law pertaining to the crime of predatory sexual assault against a child as defined in section 130.96 of Penal Law to require that the minimum prison sentence shall not be less than 25 years and the maximum term shall be life imprisonment.

Section 2: Amends paragraph (a) of subdivision 4 of section 70.06 of Penal Law to provide that the minimum sentence for a second felony offender convicted of the class A-II felony of predatory sexual assault against a child be not less than 25 years and the maximum term be life imprisonment.

Section 3: Amends subdivision 1 of Section 70.40 of Penal Law to require lifetime parole supervision upon the release of a person convicted of predatory sexual assault against a child.

Section 4: This Act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Justification

In 2005, Jessica Lunsford, a nine-year-old girl, was abducted, sexually assaulted and murdered by a registered sex offender living in her neighborhood in Florida. As a result, Florida enacted one of the toughest child molestation laws in the nation, by mandating a 25-year minimum prison sentence for molesting a child less than 12 years of age. "Jessica's Law" has been used to designate all legislation and potential legislation in other states modeled after this Florida law. Numerous states have introduced similar legislation since Florida's law was enacted with approximately 18 states enacting similar laws.

In New York State, "Jessica's Law Lite" was enacted in 2006 that creates the class A-II felony crime of Predatory Sexual Assault Against a Child when a person over 18 years of age commits a class B violent felony sex offense (rape 1st, criminal sexual act 1st, aggravated sexual abuse 1st, course of sexual conduct against a child 1st) against a child less than 13 years of age. However, the minimum prison sentence upon conviction of this crime is only 10 to 25 years. This bill seeks to make this offense a true "Jessica's Law" by significantly increasing the mandatory minimum prison term to 25 years.

Although sex offender registration, GPS monitoring and implementing sex offender "buffer-zones" are additional layers of protection that are effective in protecting our vulnerable from sex offenders, keeping child molesters, in prison for significantly longer periods of time, a minimum of 25 years and a maximum of life, is the one guarantee that these predators will not strike again. Upon their release from prison, this bill would require lifetime parole supervision for such sex offenders where a violation of a condition of parole could result in the their return to prison.

Prior legislative history

2013-2104: S.5610, Codes; A.6158, Codes 2011-2012: A.02041, Codes 2009-2010: A.8447, Codes 2007-2009: A.5547, Codes 2006: A.9471, Codes

Fiscal implications

Undetermined.

Effective date

This act shall take effect on the first day of November next succeeding the date on which it shall have become a law.