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S T A T E O F N E W Y O R K
________________________________________________________________________
5789
2025-2026 Regular Sessions
I N A S S E M B L Y
February 20, 2025
___________
Introduced by M. of A. CHLUDZINSKI -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to sentence of imprisonment
for the offense 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 AND THE MAXIMUM TERM
13 SHALL BE LIFE IMPRISONMENT.
14 § 2. Paragraph (a) of subdivision 4 of section 70.06 of the penal law,
15 as amended by chapter 107 of the laws of 2006, is amended to read as
16 follows:
17 (a) The minimum period of imprisonment for a second felony offender
18 convicted of a class A-II felony must be fixed by the court at no less
19 than six years and not to exceed twelve and one-half years and must be
20 specified in the sentence, except that for the class A-II felony of
21 predatory sexual assault as defined in section 130.95 of this chapter
22 [or the class A-II felony of predatory sexual assault against a child as
23 defined in section 130.96 of this chapter], such minimum period shall be
24 not less than ten years nor more than twenty-five years AND FOR THE
25 CLASS A-II FELONY OF PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS DEFINED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05399-02-5
A. 5789 2
1 IN SECTION 130.96 OF THIS CHAPTER SUCH MINIMUM PERIOD SHALL BE NOT LESS
2 THAN TWENTY-FIVE YEARS AND THE MAXIMUM TERM SHALL BE LIFE IMPRISONMENT.
3 § 3. Subdivision 1 of section 70.40 of the penal law is amended by
4 adding a new paragraph (d) to read as follows:
5 (D) A PERSON WHO HAS BEEN PAROLED AFTER SERVING A SENTENCE OF IMPRI-
6 SONMENT FOR THE CRIME OF PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS
7 DEFINED IN SECTION 130.96 OF THIS CHAPTER SHALL BE UNDER THE SUPERVISION
8 OF THE STATE BOARD OF PAROLE FOR THE DURATION OF THEIR LIFETIME.
9 § 4. This act shall take effect on the first of November next succeed-
10 ing the date on which it shall have become a law.