New York A 5789: Relates to the penalty for the offense of predatory sexual assault against a child

Bill Text

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A05789 Summary:

BILL NOA05789 

&nbsp

SAME ASSAME AS S02092

&nbsp

SPONSORChludzinski

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§70.00, 70.06 & 70.40, Pen L

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Relates to the penalty for the offense of predatory sexual assault against a child; provides for lifetime parole for such felons.

Go to top A05789 Actions:

BILL NOA05789 

&nbsp

02/20/2025referred to codes

01/07/2026referred to codes

05/13/2026held for consideration in codes

Go to topA05789 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:05/13/2026AYE/NAY:14/4 Action: Held for Consideration DinowitzAyeMorinelloNay

GlickAyeReillyExcused

LavineAyeMikulinExcused

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightAyeMolitorNay

RosenthalAye

WalkerAye

VanelExcused

CruzAye

BoresAbsent

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

TaylorAye

Go to topA05789 Floor&nbspVotes:

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

Go to topA05789 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5789

 2025-2026 Regular Sessions

 IN ASSEMBLY

 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.

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