S T A T E O F N E W Y O R K
________________________________________________________________________
5634
2013-2014 Regular Sessions
I N A S S E M B L Y
March 4, 2013
___________
Introduced by M. of A. THIELE, CASTRO, COLTON, COOK, CURRAN, ENGLE-
BRIGHT, GIBSON, HOOPER, LAVINE, ORTIZ, RAMOS, SWEENEY, ZEBROWSKI --
Multi-Sponsored by -- M. of A. ABBATE, BARCLAY, BOYLAND, BRENNAN,
CERETTO, CORWIN, CROUCH, DUPREY, FINCH, GIGLIO, GOODELL, GRAF,
P. LOPEZ, LOSQUADRO, McDONOUGH, MONTESANO, PERRY, RA, RAIA, SALADINO,
SCARBOROUGH, SCHIMEL, TEDISCO, TITONE -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, the criminal procedure law and the
correction law, in relation to establishing the crime of serial sexual
assault as a class B felony
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 S 130.81 SERIAL SEXUAL ASSAULT.
4 1. A PERSON IS GUILTY OF SERIAL SEXUAL ASSAULT WHEN HE OR SHE ENGAGES
5 IN THREE OR MORE ACTS OF SEXUAL ASSAULT INVOLVING TWO OR MORE VICTIMS.
6 2. FOR THE PURPOSES OF THIS SECTION, SEXUAL ASSAULT IS DEFINED AS AN
7 ACT OR ACTS WHICH WOULD CONSTITUTE A SEXUAL OFFENSE PURSUANT TO SECTIONS
8 130.30, 130.35, 130.45, 130.50, 130.67, 130.70, AND 130.75 OF THIS ARTI-
9 CLE, OR AN ATTEMPT TO COMMIT ANY THEREOF.
10 3. A PERSON MAY NOT BE SUBSEQUENTLY PROSECUTED FOR ANY OTHER SEXUAL
11 OFFENSE INVOLVING THE SAME VICTIM OR VICTIMS UNLESS THE OTHER CHARGED
12 OFFENSE OCCURRED OUTSIDE THE TIME PERIOD CHARGED UNDER THIS SECTION.
13 SERIAL SEXUAL ASSAULT IS A CLASS B FELONY.
14 S 2. Subdivision 3 of section 30.10 of the criminal procedure law is
15 amended by adding a new paragraph (h) to read as follows:
16 (H) FOR A PROSECUTION FOR SERIAL SEXUAL ASSAULT AS DEFINED IN SECTION
17 130.81 OF THE PENAL LAW, THE PERIOD OF LIMITATION SHALL NOT BEGIN TO RUN
18 UNTIL THE COMMISSION OF THE MOST RECENT ACT OF SEXUAL ASSAULT; PROVIDED,
19 HOWEVER, THAT NOTHING IN THIS PARAGRAPH SHALL BE DEEMED TO SHORTEN OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09271-01-3
A. 5634 2
1 OTHERWISE LESSEN THE PERIOD, DEFINED IN ANY OTHER APPLICABLE LAW, IN
2 WHICH A PROSECUTION FOR A FELONY DESIGNATED IN THIS PARAGRAPH MAY BE
3 COMMENCED.
4 S 3. Subparagraph (i) of paragraph (a) of subdivision 2 of section
5 168-a of the correction law, as amended by chapter 405 of the laws of
6 2008, is amended to read as follows:
7 (i) a conviction of or a conviction for an attempt to commit any of
8 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
9 130.45, 130.60, 130.81, 230.34, 250.50, 255.25, 255.26 and 255.27 or
10 article two hundred sixty-three of the penal law, or section 135.05,
11 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses,
12 provided the victim of such kidnapping or related offense is less than
13 seventeen years old and the offender is not the parent of the victim, or
14 section 230.04, where the person patronized is in fact less than seven-
15 teen years of age, 230.05 or 230.06, or subdivision two of section
16 230.30, or section 230.32 or 230.33 of the penal law, or
17 S 4. Paragraph b of subdivision 5 of section 120.40 of the penal law,
18 as amended by chapter 320 of the laws of 2006, is amended to read as
19 follows:
20 b. a crime defined in section 130.20, 130.25, 130.30, 130.40, 130.45,
21 130.55, 130.60, 130.70, 130.81, 255.25, 255.26 or 255.27;
22 S 5. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
23 as amended by chapter 320 of the laws of 2006, is amended to read as
24 follows:
25 (a) Class B violent felony offenses: an attempt to commit the class
26 A-I felonies of murder in the second degree as defined in section
27 125.25, kidnapping in the first degree as defined in section 135.25, and
28 arson in the first degree as defined in section 150.20; manslaughter in
29 the first degree as defined in section 125.20, aggravated manslaughter
30 in the first degree as defined in section 125.22, rape in the first
31 degree as defined in section 130.35, criminal sexual act in the first
32 degree as defined in section 130.50, aggravated sexual abuse in the
33 first degree as defined in section 130.70, course of sexual conduct
34 against a child in the first degree as defined in section 130.75[;],
35 SERIAL SEXUAL ASSAULT AS DEFINED IN SECTION 130.81, assault in the first
36 degree as defined in section 120.10, kidnapping in the second degree as
37 defined in section 135.20, burglary in the first degree as defined in
38 section 140.30, arson in the second degree as defined in section 150.15,
39 robbery in the first degree as defined in section 160.15, incest in the
40 first degree as defined in section 255.27, criminal possession of a
41 weapon in the first degree as defined in section 265.04, criminal use of
42 a firearm in the first degree as defined in section 265.09, criminal
43 sale of a firearm in the first degree as defined in section 265.13,
44 aggravated assault upon a police officer or a peace officer as defined
45 in section 120.11, gang assault in the first degree as defined in
46 section 120.07, intimidating a victim or witness in the first degree as
47 defined in section 215.17, hindering prosecution of terrorism in the
48 first degree as defined in section 490.35, criminal possession of a
49 chemical weapon or biological weapon in the second degree as defined in
50 section 490.40, and criminal use of a chemical weapon or biological
51 weapon in the third degree as defined in section 490.47.
52 S 6. The opening paragraph of subdivision 3 of section 125.25 of the
53 penal law, as amended by chapter 264 of the laws of 2003, is amended to
54 read as follows:
55 Acting either alone or with one or more other persons, he commits or
56 attempts to commit robbery, burglary, kidnapping, arson, rape in the
A. 5634 3
1 first degree, criminal sexual act in the first degree, sexual abuse in
2 the first degree, aggravated sexual abuse, SERIAL SEXUAL ASSAULT, escape
3 in the first degree, or escape in the second degree, and, in the course
4 of and in furtherance of such crime or of immediate flight therefrom,
5 he, or another participant, if there be any, causes the death of a
6 person other than one of the participants; except that in any prose-
7 cution under this subdivision, in which the defendant was not the only
8 participant in the underlying crime, it is an affirmative defense that
9 the defendant:
10 S 7. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
11 125.27 of the penal law, as amended by chapter 264 of the laws of 2003,
12 is amended to read as follows:
13 (vii) the victim was killed while the defendant was in the course of
14 committing or attempting to commit and in furtherance of robbery,
15 burglary in the first degree or second degree, kidnapping in the first
16 degree, arson in the first degree or second degree, rape in the first
17 degree, criminal sexual act in the first degree, sexual abuse in the
18 first degree, aggravated sexual abuse in the first degree, SERIAL SEXUAL
19 ASSAULT or escape in the first degree, or in the course of and further-
20 ance of immediate flight after committing or attempting to commit any
21 such crime or in the course of and furtherance of immediate flight after
22 attempting to commit the crime of murder in the second degree; provided
23 however, the victim is not a participant in one of the aforementioned
24 crimes and, provided further that, unless the defendant's criminal
25 liability under this subparagraph is based upon the defendant having
26 commanded another person to cause the death of the victim or intended
27 victim pursuant to section 20.00 of this chapter, this subparagraph
28 shall not apply where the defendant's criminal liability is based upon
29 the conduct of another pursuant to section 20.00 of this chapter; or
30 S 8. This act shall take effect on the first of November next succeed-
31 ing the date on which it shall have become a law.