•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A06017 Summary:

BILL NOA06017
 
SAME ASSAME AS S03963
 
SPONSORLawler
 
COSPNSRDurso, Palmesano, Ra, Gandolfo, Salka, Gallahan, Jensen, Brabenec, Blankenbush, Tague, Giglio JA, DeStefano, Manktelow
 
MLTSPNSR
 
Amd §125.25, Pen L
 
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.
Go to top

A06017 Memo:

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
Go to top

A06017 Text:



 
                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
Go to top