Bill Text: NY A08488 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the crime of aggravated sexual assault against a child.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A08488 Detail]
Download: New_York-2019-A08488-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8488 2019-2020 Regular Sessions IN ASSEMBLY August 7, 2019 ___________ Introduced by M. of A. CROUCH -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to establishing the crime of aggravated sexual assault against a child The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 130.81 to 2 read as follows: 3 § 130.81 Aggravated sexual assault against a child. 4 1. A person is guilty of aggravated sexual assault against a child 5 when such person, while being eighteen years old or more: 6 (a) commits a specified offense with a child less than thirteen years 7 old; 8 (b) while knowingly being infected with a sexually transmitted 9 disease; and 10 (c) actually transmits such sexually transmitted disease to such 11 child. 12 2. A "specified offense" is any of the following offenses defined in 13 this article: rape in the first degree as defined in section 130.35, 14 criminal sexual act in the first degree as defined in section 130.50, 15 aggravated sexual abuse in the first degree as defined in section 16 130.70, course of sexual conduct against a child in the first degree as 17 defined in section 130.75, or predatory sexual assault against a child 18 as defined in section 130.96 of this article. 19 3. A "sexually transmitted disease" includes any disease or infection 20 identified in the list promulgated by the commissioner of health pursu- 21 ant to section twenty-three hundred eleven of the public health law. 22 Aggravated sexual assault against a child is a class E felony. 23 Notwithstanding any other provision of law to the contrary, any sentence 24 imposed pursuant to a conviction under this section is to be served EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13493-02-9A. 8488 2 1 consecutive to any sentence imposed for the underlying specified 2 offense. 3 § 2. Paragraph (d) of subdivision 1 of section 70.02 of the penal law, 4 as amended by chapter 7 of the laws of 2007, is amended to read as 5 follows: 6 (d) Class E violent felony offenses: an attempt to commit any of the 7 felonies of criminal possession of a weapon in the third degree as 8 defined in subdivision five, six, seven or eight of section 265.02 of 9 this chapter as a lesser included offense of that section as defined in 10 section 220.20 of the criminal procedure law, persistent sexual abuse as 11 defined in section 130.53, aggravated sexual abuse in the fourth degree 12 as defined in section 130.65-a, aggravated sexual assault against a 13 child as defined in section 130.81, falsely reporting an incident in the 14 second degree as defined in section 240.55 and placing a false bomb or 15 hazardous substance in the second degree as defined in section 240.61 of 16 this chapter. 17 § 3. Subdivision 2 of section 70.25 of the penal law, as amended by 18 chapter 56 of the laws of 1984, is amended to read as follows: 19 2. When more than one sentence of imprisonment is imposed on a person 20 for two or more offenses committed through a single act or omission, or 21 through an act or omission which in itself constituted one of the 22 offenses and also was a material element of the other, the sentences, 23 except if one or more of such sentences is for a violation of section 24 270.20 or 130.81 of this chapter, must run concurrently. 25 § 4. This act shall take effect on the ninetieth day after it shall 26 have become a law.