Provides that being eighteen years old or more, while in the course of committing rape in the first, second or third degree, criminal sexual act in the first, second or third degree, sexual abuse in the first degree, aggravated sexual abuse in the first, second, third or fourth degree, or incest in the first, second or third degree, against a person less than eighteen years old, he or she intentionally causes the death of such person.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6017
SPONSOR: Lawler TITLE OF BILL:
An act to amend the penal law, in relation to enacting "Paula's law"
PURPOSE:
"Paula's Law" is designed to ensure that persons who molest and then
murder a child under the age of eighteen will never be released from
prison.
SUMMARY OF PROVISIONS:
Section one establishes the short title of this act, "Paula's law".
Section two states that in enacting this bill, it is the intent of the
legislature to expand "Joan's Law."
Section three amends Subdivision 5 of § 125.25 of the penal law, expand-
ing the age range of victims protected under Joan's law from under 14
years-old to under 18 years old.
Section four establishes the effective date
JUSTIFICATION:
Currently, in New York State, there is no parole available to those who
sexually assault a child under age 14 and leads to the child's death.
This legislation, named for Paula Bohovesky, would expand that age range
to a child under the age of eighteen.
In 1980, sixteen-year-old Bohovesky was attacked and killed by Richard
LaBarbera, now 66, and Robert McCain, now 56, as she was walking home
from the library where she worked part-time in Pearl River. Both LaBarb-
era and McCain were convicted and sentenced to 25 years to life for the
murder. In May 2019, a parole board voted to release LaBarbera that
July. McCain had an interview with the Board of Parole the week of June
10 and was eventually denied parole on June 24, 2019; his next parole
hearing will be in June, 2021. This legislation would prevent the parole
of anyone who sexually assaults and murders a child under 18 years old.
This is an expansion of "Joan's Law" which was enacted in 2004 and
denied parole in these circumstances for child victims under the age of
fourteen.
Joan D'Alessandro was 7-years-old and disappeared after delivering Girl
Scout cookies to the Hillsdale home of a high school science teacher who
later confessed to her murder.
LEGISLATIVE HISTORY:
2019-20: A.8524 (Jaffee)- referred to codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
STATE OF NEW YORK
________________________________________________________________________
6017
2021-2022 Regular Sessions
IN ASSEMBLY
March 4, 2021
___________
Introduced by M. of A. LAWLER -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to enacting "Paula's law"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Paula's law".
3 § 2. Legislative intent. This act is an expansion of "Joan's Law",
4 enacted in 2004, which denies parole in these circumstances for child
5 victims under the age of fourteen. This act expands upon "Joan's Law" by
6 including child victims under the age of eighteen.
7 § 3. Subdivision 5 of section 125.25 of the penal law, as amended by
8 chapter 320 of the laws of 2006, is amended to read as follows:
9 5. Being eighteen years old or more, while in the course of committing
10 rape in the first, second or third degree, criminal sexual act in the
11 first, second or third degree, sexual abuse in the first degree, aggra-
12 vated sexual abuse in the first, second, third or fourth degree, or
13 incest in the first, second or third degree, against a person less than
14 [fourteen] eighteen years old, he or she intentionally causes the death
15 of such person.
16 § 4. This act shall take effect on the first of November next succeed-
17 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08315-01-1
