New York S 490: Includes instances of sexual conduct against a child less than seventeen years of age to certain sex offenses

Bill Text

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S00490 Summary:

BILL NOS00490 

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SAME ASSAME AS A00490

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SPONSORFERNANDEZ

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COSPNSRADDABBO, BORRELLO, MURRAY, RHOADS, ROLISON, WEBB

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MLTSPNSR

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Amd §§130.75, 130.80 & 130.96, Pen L

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Includes instances of sexual conduct against a child less than seventeen years of age to certain sex offenses; removes the time limit to bring subsequent sexual offenses.

Go to top S00490 Actions:

BILL NOS00490 

&nbsp

01/08/2025REFERRED TO CODES

03/25/20251ST REPORT CAL.611

03/26/20252ND REPORT CAL.

03/27/2025ADVANCED TO THIRD READING 

04/09/2025PASSED SENATE

04/09/2025DELIVERED TO ASSEMBLY

04/09/2025referred to codes

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO CODES

02/24/20261ST REPORT CAL.365

02/25/20262ND REPORT CAL.

02/26/2026ADVANCED TO THIRD READING 

03/04/2026PASSED SENATE

03/04/2026DELIVERED TO ASSEMBLY

03/04/2026referred to codes

Go to topS00490 Committee&nbspVotes:

Go to topS00490 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00490 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 490

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. FERNANDEZ, ADDABBO, BORRELLO, ROLISON -- 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 including instances of
 sexual conduct against a child less than seventeen years of age to
 certain sex offenses

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 1 and 2 of section 130.75 of the penal law, as
 2 amended by chapter 1 of the laws of 2000, paragraphs (a) and (b) of
 3 subdivision 1 as amended by chapter 777 of the laws of 2023, are amended
 4 to read as follows:
 5 [1.] A person is guilty of course of sexual conduct against a child in
 6 the first degree when, over a period of time not less than three months
 7 in duration:
 8 [(a) he or she] 1. such person engages in two or more acts of sexual
 9 conduct, which includes at least one act of vaginal sexual contact, oral
 10 sexual contact, anal sexual contact or aggravated sexual contact, with a
 11 child less than eleven years old; and includes at least one additional
 12 act of sexual contact with the child when that child is less than seven-
 13 teen years old; or
 14 [(b) he or she] 2. such person, being eighteen years old or more, at
 15 the commencement of the course of sexual contact, engages in two or more
 16 acts of sexual conduct, which include at least one act of vaginal sexual
 17 contact, oral sexual contact, anal sexual contact or aggravated sexual
 18 contact, with a child less than thirteen years old; and includes at
 19 least one additional act of sexual contact with the child when that
 20 child is less than seventeen years old.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01846-01-5

 S. 490 2

 1 [2. A person may not be subsequently prosecuted for any other sexual
 2 offense involving the same victim unless the other charged offense
 3 occurred outside the time period charged under this section.]
 4 § 2. Subdivisions 1 and 2 of section 130.80 of the penal law, as
 5 amended by chapter 1 of the laws of 2000, are amended to read as
 6 follows:
 7 [1.] A person is guilty of course of sexual conduct against a child in
 8 the second degree when, over a period of time not less than three months
 9 in duration:
 10 [(a) he or she] 1. such person engages in two or more acts of sexual
 11 conduct with a child, which includes at least one act of sexual conduct
 12 with the child when the child is less than eleven years old; and
 13 includes at least one additional act of sexual conduct with such child
 14 when the child is less than seventeen years old; or
 15 [(b) he or she] 2. such person, being eighteen years old or more, at
 16 the commencement of the course of sexual conduct, engages in two or more
 17 acts of sexual conduct with a child, which includes at least one act of
 18 sexual conduct with the child when the child is less than thirteen years
 19 old; and includes at least one additional