What's happening
This bill increases penalties and adds new provisions for repeat offenders convicted of assaulting children under eleven years old.
Why it matters
Targets repeat offenders. The bill specifically increases penalties for adults who repeatedly assault children under eleven, closing loopholes that allowed offenders with prior convictions to face lesser charges for subsequent offenses.
Elevates felony classes. It raises the charge for aggravated assault on children under eleven from a class E to a class D felony, and creates a new class B felony for those with multiple prior convictions, meaning much longer potential prison sentences.
Expands what counts as repeat offending. The new language broadens what prior convictions qualify—now including not just prior aggravated assaults, but also any first, second, or third-degree assault or reckless assault (including attempts) against children under eleven.
Intended deterrence and child safety. By sharply increasing penalties and capturing a wider range of prior violent acts against children, the bill aims to deter repeat offenders and signal a stronger commitment to protecting young children from serious physical harm.
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Tougher Penalties for Child Assault
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- 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.
Tougher Penalty for Repeat Child Assault
In Assembly Committee · Codes · Sponsor Patrick Burke
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1529
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sens. KENNEDY, ADDABBO, GALLIVAN, STAVISKY -- 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 assault of a child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 120.10 of the penal law, as amended by chapter 791 of the laws of 1967, is amended and a new subdivision 5 is added to read as follows:
4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants[.]; or
5. Being eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, he or she recklessly causes serious physical injury to such person; and has previously been convicted of assault in the first degree, second degree, or third degree against a person less than eleven years old; or has been convicted of attempted assault in the first degree, second degree, or third degree against a person less than eleven years old; or has been convicted of reckless assault of a child; or attempted reckless assault of a child.
§ 2. Section 120.12 of the penal law, as amended by chapter 172 of the laws of 2013, is amended to read as follows: § 120.12 Aggravated assault upon a person less than eleven years old.
1. A person is guilty of aggravated assault upon a person less than eleven years old when being eighteen years old or more the defendant commits the crime of assault in the third degree as defined in section 120.00 of this article upon a person less than eleven years old and has been previously convicted of such crime upon a person less than eleven years old within the preceding ten years.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02061-01-9
S. 1529 2
2. Aggravated assault upon a person less than eleven years old as defined in subdivision one of this section shall be a class B felony when the person so convicted has previously been convicted of such crime as defined in subdivision one of this section.
Aggravated assault upon a person less than eleven years old is a class [E] D felony.
§ 3. This act shall take effect immediately.
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 assault of a child
Purpose
This bill increases the penalties for persons convicted of assault or aggravated assault against a child if that person has a previous or previous convictions for similar crimes.
Summary of provisions
Section 1 amends section 120.10 subdivision 4 of the penal law and adds new subdivision 5 to require that a person is guilty of assault in the first degree if that person, with intent to cause physical injury to a person less than eleven years old, recklessly causes serious physical injury to such person, and has previously been convicted of assault or attempted assault in the first, second and third degree against a person less than eleven years old, or has previously been convicted of reckless assault of a child or attempted reckless assault of a child.
Read the full memo (699 words)
Section 2 amends section 120.12 of the penal law by designating current language as section 1 and requires that a person is guilty of aggravated assault upon a person less than eleven years old when the defendant commits the crime of assault in the third degree upon a person less than eleven years old and has been previously convicted of such a crime with- in the preceding ten years, instead of the current three years. This section also changes the offense of aggravated assault upon a person less than eleven years old from a class E felony to a class D felony.
Also amends section 120.12 of the penal law by adding subdivision 2, which requires that aggravated assault upon a person less than eleven years old shall be a class B felony if the person convicted has previ- ously been convicted of aggravated assault upon a person less than elev- en years old.
Justification
This bill aims to protect victims of child abuse by strengthening penal- ties against violent offenders who hurt children. This bill will fix a gap in state law wherein persons convicted of repeat violent assaults upon children are given light sentences, despite the great deal of damage done to the child.
In 2011 in North Tonawanda, NY, an infant boy named Jay J. Bolvin was beaten by his father, Jeremy J. Bolvin, and was left with 11 fractured bones and epilepsy. Jeremy J. Bolvin secured a plea bargain of third-de- gree assault and attempted second-degree assault and was sentenced to 1 1/3-to-four years in prison. This was the maximum sentence that could be imposed by the judge. However, in 2007, Bolvin was convicted of assault in the third degree after beating another one of his sons and breaking his arm. This shows a clearly defined pattern of abuse.
This bill will strengthen penalties against repeat violent offenders.
Under the bill, an adult will be charged with aggravated assault upon a person less than eleven years old, if he or she was previously convicted of assault after hurting a child within the preceding 10 years. This measure strengthens state law by expanding the time window for an aggra- vated assault charge from three to 10 years.
The legislation would also amend the penal law to make aggravated assault upon a person less than eleven years old a class D felony. If, after release from prison, a third child abuse offense occurs, the aggravated assault charge will become a class B felony. Class D felonies carry a maximum sentence of 7 years, while a class B felony has a maxi- mum sentence of 25 years.
This bill honors young Jay J, who struggles every day to recover from the severe injuries he endured. Jay J suffers from Lennox-Gastaut Syndrome, a neurological condition that causes seizures. According to reports, doctors believe Jay J developed the disease after being abused by his father as an infant. He still suffers 20 to 30 seizures a day and it is likely he will have some cognitive troubles throughout his life.
Legislative history
2012: S.6508 Passed Senate/A.9488 Held for consideration in Codes
2013-14: S.530 PASSED SENATE died in assembly 01/08/14 REFERRED TO CODES
2015-16: S.657 PASSED SENATE
2017-18: S.681
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.