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.