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 time limit, prosecutors can now use any relevant prior convictions—no matter how old—to support charges of persistent sexual abuse, potentially leading to more repeat offenders being charged under the stricter statute.
Increases Accountability for Serial Offenders. This change may deter repeat sexual abusers, as all prior convictions (not just recent ones) can be considered, signaling that past crimes will follow offenders indefinitely.
Potential Impact on Legal Outcomes. The amendment could lead to longer sentences and fewer opportunities for prior offenders to avoid persistent sexual abuse charges based solely on the age of their past convictions.
Raises Questions of Fairness and Rehabilitation. The removal of a look-back limit may spark debate about fairness to individuals with very old convictions who have since rehabilitated, as their distant past could still be used against them in future prosecutions.
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Who cares
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End 10-Year Sex Abuse Limit
Plain English, a few words. Used as the page title.
Sponsors
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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.
End 10-Year Limit on Sex Abuse
In Assembly Committee · Codes · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1855
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
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.
LBD03329-01-9
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 sexu- al abuse. Previously, one who had committed the crime of forcible touch- ing, 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.5027 of 2017-2018 (Hoylman): Passed Senate (2017)/Died in Codes (2017-2018)
A.1097 of 2017-2018 (Rosenthal): Died in Codes
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.