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Nathalia Fernandez

Sponsor · State Senator, District 34 · Democratic

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Senate bill · S490 (2025-26)

Includes instances of sexual conduct against a child less than seventeen years of age to certain sex offenses

Latest action Mar 4, 2026

Summary

Includes instances of sexual conduct against a child less than seventeen years of age to certain sex offenses; removes the time limit to bring subsequent sexual offenses.

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Where it stands

Passed one of the two chambers; it still needs the other.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

New York State Senate

Same as A490, the matching bill in the Assembly.

Amends the Penal Law.

Committee

Codes · New York State Assembly

Also referred to Codes · New York State Senate.

Purpose, from the sponsor's memo

To permit crimes of sexual conduct against a child in the first and second degrees and predatory sexual assault against a child to include all sexual conduct against a child committed prior to the child's seven- teenth birthday.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

  • Vote: Floor vote

    NY SenateMar 4, 2026Result: passed

    (60) (0) (0) (3)
  • Vote: Committee vote · Codes

    Senate CodesFeb 24, 2026Result: passed

    (11) (0) (0) (2)
  • Vote: Floor vote

    NY SenateApr 9, 2025Result: passed

    (60) (0) (0) (3)
  • Vote: Committee vote · Codes

    Senate CodesMar 25, 2025Result: passed

    (12) (0) (0) (1)

The sponsor's argument

Why Nathalia Fernandez says this is needed

Child victims of sexual abuse are often victimized by offenders repeat- edly over the course of many years throughout adolescence. Prosecutors routinely find victims' accounts of child sexual assault to be credible, yet are unable to bring charges because current statute dictates that a defendant cannot be charged for raping or sexually abusing a child after the child's eleventh or thirteenth birthday (depending upon which subdi- vision of the statutes is used) if the child is unable to provide a narrow time frame for the abuse. As a result, no felony sex charges can be brought; all that can be charged may be a misdemeanor count of endan- gering the welfare of a child to cover years of rapes, criminal sexual acts and other sexual abuse. This legislation will preclude victims from the emotionally devastating requirement to recall and testify the exact dates of all sex crimes committed against them when the acts are so numerous that no one could reasonably be expected to ascribe specific dates to each one. Second, prosecutors will no longer have to present judges, defendants and juries with complicated and cumbersome multi-count indictments involving dozens or hundreds of charges by allowing a single count of course of sexual conduct against a child or predatory sexual assault against a child to be charged to cover all sexual abuse through a victim's seventeenth birthday.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. Mar 4, 2026

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  2. Mar 4, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  3. Mar 4, 2026

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  4. Feb 26, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  5. Feb 25, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

Show full history (12 earlier events)
  1. Feb 24, 2026

    1ST Report CAL.365

    1ST REPORT CAL.365

    NY Senate

  2. Jan 7, 2026

    Died in Assembly

    DIED IN ASSEMBLY

    NY Assembly

  3. Jan 7, 2026

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  4. Jan 7, 2026

    Referred to committee

    REFERRED TO CODES

    NY Senate

  5. Apr 9, 2025

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  6. Apr 9, 2025

    Passed a chamber

    PASSED SENATE

    NY Senate

  7. Apr 9, 2025

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  8. Mar 27, 2025

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  9. Mar 26, 2025

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  10. Mar 25, 2025

    1ST Report CAL.611

    1ST REPORT CAL.611

    NY Senate

  11. Jan 8, 2025

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  12. Jan 8, 2025

    Referred to committee

    REFERRED TO CODES

    NY Senate

About this record

Summary

The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.

Cosponsors

The list shows the cosponsors who are on Agora, A to Z. The official record may list more.

Party colors

Parties are shown in the same neutral colors.

Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 29, 2026. About our data

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