Bill Text: NY S00211 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to terms of imprisonment and electronic monitoring of persons convicted of predatory sexual assault against a child.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CODES [S00211 Detail]

Download: New_York-2015-S00211-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          211
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen. MARTINS -- 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 terms of imprisonment  and
         electronic monitoring of persons convicted of predatory 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. Subparagraph (ii) of paragraph  (a)  of  subdivision  3  of
    2  section 70.00 of the penal law, as amended by chapter 107 of the laws of
    3  2006, is amended to read as follows:
    4    (ii)  For  a  class A-II felony, such minimum period shall not be less
    5  than three years nor more than eight years four months, except that  for
    6  the  class A-II felony of predatory sexual assault as defined in section
    7  130.95 of this chapter [or the class A-II  felony  of  predatory  sexual
    8  assault  against  a child as defined in section 130.96 of this chapter],
    9  such minimum period shall be not less than ten years nor more than twen-
   10  ty-five years, AND FOR THE CLASS A-II FELONY OF PREDATORY SEXUAL ASSAULT
   11  AGAINST A CHILD AS DEFINED IN SECTION 130.96 OF THIS CHAPTER, SUCH MINI-
   12  MUM PERIOD SHALL BE NOT LESS THAN TWENTY-FIVE YEARS.
   13    S 2. Paragraph (a) of subdivision 4 of section 70.06 of the penal law,
   14  as amended by chapter 107 of the laws of 2006, is  amended  to  read  as
   15  follows:
   16    (a)  The  minimum  period of imprisonment for a second felony offender
   17  convicted of a class A-II felony must be fixed by the court at [no]  NOT
   18  less than six years and not to exceed twelve and one-half years and must
   19  be  specified  in the sentence, except that for the class A-II felony of
   20  predatory sexual assault as defined in section 130.95  of  this  chapter
   21  [or the class A-II felony of predatory sexual assault against a child as
   22  defined in section 130.96 of this chapter], such minimum period shall be
   23  not  less  than  ten  years nor more than twenty-five years, AND FOR THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02188-01-5
       S. 211                              2
    1  CLASS A-II FELONY OF PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS DEFINED
    2  IN SECTION 130.96 OF THIS CHAPTER, SUCH MINIMUM PERIOD SHALL BE NOT LESS
    3  THAN TWENTY-FIVE YEARS.
    4    S  3.  Subdivision  4 of section 65.10 of the penal law, as amended by
    5  section 46 of part A of chapter 56 of the laws of 2010,  is  amended  to
    6  read as follows:
    7    4.  Electronic  monitoring.  (A) When imposing a sentence of probation
    8  the court may, in addition to any conditions imposed pursuant to  subdi-
    9  visions  two  and three of this section, require the defendant to submit
   10  to the use of an electronic monitoring device and/or to follow a  sched-
   11  ule  that  governs the defendant's daily movement. Such condition may be
   12  imposed only where the court, in its discretion, determines that requir-
   13  ing the defendant to comply with  such  condition  will  advance  public
   14  safety,  probationer  control  or probationer surveillance.   Electronic
   15  monitoring shall be used in accordance with uniform procedures developed
   16  by the office of probation and correctional alternatives.
   17    (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
   18  SION,  WHEN  IMPOSING A SENTENCE OF PROBATION UPON A PERSON CONVICTED OF
   19  PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS DEFINED IN SECTION 130.96 OF
   20  THIS CHAPTER, IT SHALL BE MANDATORY FOR THE DEFENDANT TO SUBMIT  TO  THE
   21  USE OF AN ELECTRONIC MONITORING DEVICE IN ACCORDANCE WITH UNIFORM PROCE-
   22  DURES  DEVELOPED  BY  THE  OFFICE OF PROBATION AND CORRECTIONAL ALTERNA-
   23  TIVES.
   24    S 4. This act shall take effect on the one hundred eightieth day after
   25  it shall have become a law.