§  70.07 Sentence of imprisonment for second child sexual assault felony
           offender.
  1. A person who stands convicted of a  felony  offense  for  a  sexual
assault  against  a  child,  having been subjected to a predicate felony
conviction for such a sexual assault against a child, must be  sentenced
in accordance with the provisions of subdivision four of this section.
  2.  A  "sexual assault against a child" means a felony offense (a) the
essential elements of which include the commission or attempted  commis-
sion  of sexual conduct, as defined in subdivision ten of section 130.00
of this chapter, (b) committed or attempted to be  committed  against  a
child less than fifteen years old.
  3.  For purposes of determining whether a person has been subjected to
a predicate felony conviction under this section, the criteria set forth
in paragraph (b)  of  subdivision  one  of  section  70.06  shall  apply
provided  however  that for purposes of this subdivision, the terms "ten
year" or "ten years", as provided in subparagraphs (iv) and (v) of para-
graph (b) of subdivision one of such section 70.06,  shall  be  "fifteen
year" or "fifteen years".  The provisions of section 400.19 of the crim-
inal  procedure law shall govern the procedures that must be followed to
determine whether a person who stands  convicted  of  a  sexual  assault
against  a  child  has  been  previously subjected to a predicate felony
conviction for such a sexual assault.
  4. Where the court has found pursuant to  subdivision  three  of  this
section  that  a person who stands convicted of a felony offense defined
in article one hundred thirty of this  chapter  for  the  commission  or
attempted  commission  of  a  sexual  assault  against  a child has been
subjected to a predicate felony conviction for a sexual assault  against
a child, the court shall sentence the defendant as follows:
  (a)  Where  the  defendant  stands  convicted  of  such sexual assault
against a child and such conviction is for a class B felony offense, and
the predicate conviction for such sexual assault against a child is  for
a  class B or class C felony offense, the court shall impose an indeter-
minate sentence of imprisonment, the maximum term of which shall be life
and the minimum period of which shall be at least fifteen years  and  no
more than twenty-five years;
  (b)  Where  the  defendant  stands  convicted  of  such sexual assault
against a child and the conviction is for a class C felony offense,  and
the  predicate conviction for such sexual assault against a child is for
a class B or class C felony offense, the court shall impose  a  determi-
nate sentence of imprisonment, the term of which must be at least twelve
years  and  must  not exceed thirty years; provided however, that if the
court determines that a longer sentence is warranted, the court, in lieu
of imposing such sentence of imprisonment, may impose  an  indeterminate
sentence  of  imprisonment,  the maximum term of which shall be life and
the minimum period of which shall be at least fifteen years and no  more
than twenty-five years;
  (c)  Where  the  defendant  stands  convicted  of  such sexual assault
against a child and the conviction is for a class B felony offense,  and
the  predicate conviction for such sexual assault against a child is for
a class D or class E felony offense, the court shall impose  a  determi-
nate sentence of imprisonment, the term of which must be at least twelve
years and must not exceed thirty years;
  (d)  Where  the  defendant  stands  convicted  of  such sexual assault
against a child and the conviction is for a class C felony offense,  and
the  predicate conviction for such sexual assault against a child is for
a class D or class E felony offense, the court shall impose  a  determi-
nate  sentence  of  imprisonment, the term of which must be at least ten
years and must not exceed twenty-five years;
  (e)  Where  the  defendant  stands  convicted  of  such sexual assault
against a child and the conviction is for a class D felony offense,  and
the  predicate conviction for such sexual assault against a child is for
a felony offense, the court  shall  impose  a  determinate  sentence  of
imprisonment, the term of which must be at least five years and must not
exceed fifteen years; and
  (f)  Where  the  defendant  stands  convicted  of  such sexual assault
against a child and the conviction is for a class E felony offense,  and
the  predicate conviction for such sexual assault against a child is for
a felony offense, the court  shall  impose  a  determinate  sentence  of
imprisonment, the term of which must be at least four years and must not
exceed twelve years.

Effective 2/1/01.