Relates to removing the ten year time period from the crime of persistent sexual abuse.
Summary
Bill A00870 seeks to amend the New York Penal Law by removing the ten-year time period within which a person must have committed multiple offenses of forcible touching or sexual abuse to be charged with persistent sexual abuse. Currently, a person can only be charged with this crime if they have been convicted of such offenses within the previous ten years, excluding any time spent incarcerated. The bill proposes that any individual with two or more convictions for these offenses, regardless of when they occurred, can be charged with persistent sexual abuse, which is classified as a class E felony.
Impact
If enacted, this bill would significantly alter the prosecution of persistent sexual abuse cases in New York. By eliminating the ten-year limitation, it would allow for the prosecution of individuals for past offenses that may have previously been considered too old to pursue. This change could lead to an increase in the number of cases brought to court for persistent sexual abuse, potentially impacting the legal system's handling of such cases and the resources allocated to them.
Sentiment
The general sentiment around Bill A00870 appears to be supportive among advocates for victims of sexual abuse, who argue that the removal of the time limit will provide justice for survivors. However, there may be concerns from legal experts regarding the implications of retroactively prosecuting older cases and the potential for increased caseloads in the judicial system. As there have been no recorded votes or committee discussions available, the overall public sentiment remains unclear.
Contention
Notable points of contention may arise from concerns about due process for individuals who may face charges for older offenses, as well as the potential for increased strain on the judicial system. Critics may argue that the bill could lead to unfair prosecutions based on events that occurred many years prior, while supporters emphasize the need for justice for victims regardless of when the abuse occurred. The lack of committee discussion transcripts limits the ability to identify specific stakeholders on either side of the debate.
Establishes the false reporting survivors act which establishes the crimes of aggravated falsely reporting an incident in the first, second, and third degrees when a person commits the crime of falsely reporting an incident in the first, second, or third degree and such person intended to harass, annoy, threaten, or alarm another person because of a belief or perception regarding a person's race, color, national origin, ancestry, religion, gender, disability, sexual orientation, gender identity or expression, or ethnicity; authorizes officers to arrest persons believed to have committed falsely reporting an incident without first obtaining a warrant; includes such falsely reporting as a hate crime; authorizes the law enforcement misconduct investigative office to receive and investigate complaints alleging falsely reporting an incident; establishes databases of law enforcement officers and persons convicted of falsely reporting; requires notifying persons of the termination of certain criminal actions or proceedings; relates to the statute of limitations for filing an action relating to falsely reporting.
Includes aggravated threat of mass harm, making a threat of mass harm, aggravated harassment in the second degree, harassment in the first degree, menacing in the third degree, menacing in the second degree, menacing in the first degree, and aggravated harassment in the first degree in being eligible for bail; makes aggravated threat of mass harm and making a threat of mass harm eligible to be considered hate crimes; increases the penalties for aggravated threat of mass harm and making a threat of mass harm.