What's happening
This bill removes the ten-year time limit for prior convictions when charging someone with persistent sexual abuse in New York.
Why it matters
Expands Prosecutorial Reach. By removing the ten-year limit on considering prior convictions, prosecutors can use any qualifying past sexual abuse convictions—no matter how old—to pursue persistent sexual abuse charges, potentially leading to more severe penalties for repeat offenders.
Increases Accountability for Repeat Offenders. The change aims to better address serial sexual abusers by ensuring that all prior offenses, regardless of timing, can be factored into charging decisions, which may result in longer sentences and greater deterrence.
Raises Stakes for Old Convictions. Individuals with older qualifying convictions may now face enhanced felony charges if accused again, even if their prior offenses occurred decades ago, impacting plea negotiations, sentencing, and defense strategies.
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Who cares
Headline styles
End Sexual Abuse Time Limit
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 60–0
- Ordered to third reading cal.1791
- Committee discharged and committed to rules
- 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.
Remove 10-Year Limit
In Assembly Committee · Codes · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5027
2017-2018 Regular Sessions
IN SENATE
March 6, 2017
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to removing a certain time period for the crime of persistent sexual abuse
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 130.53 of the penal law, as amended by chapter 192 of the laws of 2014, is amended to read as follows: § 130.53 Persistent sexual abuse.
A person is guilty of persistent sexual abuse when he or she commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, and[, within the previous ten year period, excluding any time during which such person was incarcerated for any reason,] has been convicted two or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree as defined in section 130.55 of this article, sexual abuse in the second degree, as defined in section 130.60 of this article, or any offense defined in this article, of which the commission or attempted commission thereof is a felony.
Persistent sexual abuse is a class E felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which this act shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04965-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to removing a certain time period for the crime of persistent sexual abuse
Purpose or general idea of bill
The purpose of this bill is to remove the ten year time period in relation to being defined as a person who has committed persistent sexual abuse. Previously, one who had committed the crime of forcible touching, sexual abuse in the third degree, or sexual abuse in the second degree, within a ten year period, would be guilty of persistent sexual abuse.
Summary of specific provisions
Section 1. Amends section 130.53 of the penal law
Section 2. Establishes the effective date
Justification
Sexual abuse is a serious issue. Preventative measures must be taken in order to protect the people of the great State of New York. Those who commit sexual abuses must know that such acts will not be tolerated, and the consequences for such acts should reflect that message accordingly. By allowing individuals to be convicted of a class E felony only if one commits the sexual abuses within a ten year period sends the wrong message and must be corrected. This legislation aims to correct this oversight.
Prior legislative history
S.2418 of 2015-2016 (Perkins): Passed Senate A.399 of 2015-2016 (Rosenthal): Died in Codes S.1222 of 2013-2014 (Perkins): Passed Senate A.1060 of 2013-2014 (Rosenthal): Died in Codes S.1365 of 2011-2012 (Perkins): Passed Senate A.1768 of 2011-2012 (Rosenthal): Died in Codes S.7434 of 2010 (Perkins): Passed Senate A.10639 of 2010 (Rosenthal): Died in Codes
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which the act 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.