Requires that persons convicted of multiple counts of rape in the first degree against different victims or the same victim, must serve the sentence for such convictions consecutively as well as consecutive to any other undischarged term of imprisonment to which the defendant was subject and for which he may be confined at the time of sentencing.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Hassell-Thomps, Montgomery
TITLE OF BILL: An act to amend the penal law, in relation to concurrent and consecutive terms of imprisonment
PURPOSE: To punish repeat sexual offenders by mandating consecutive sentences for each act of first degree rape.
SUMMARY OF PROVISIONS: Adds a new subdivision 2-h to section 70.25 of the Penal Law requiring the courts to impose consecutive sentences for each act of first degree rape.
JUSTIFICATION: The crime of first-degree rape, one of horrifying sexual violence, is often repetitive either against the same victim, or against several victims. Victims may be abducted and held, and repeatedly raped over the course of hours or even days. Such sexual predators terrorize entire communities.
Under current law, it is possible for a judge to issue concurrent sentences for multiple counts arising from separate and distinct acts of rape. For instances of rape it is customary to charge each act as a separate count, even when the charge arises from a single incident against one victim. Far too often, however, criminals convicted of multiple counts of rape in the first-degree arc sentenced to terms of imprisonment running concurrently to one another. Present law provides that the sentence for the offense of rape in the first-degree is to be a determinant sentence of between five and twenty-five years. Therefore, it is conceivable that a person convicted of a series of rapes against different persons could receive a sentence of as little as five years.
This legislation would require that the sentences on each count run consecutively with regard to any convictions for rape in the first degree to ensure that no rape goes unpunished. Each separate and distinct act of rape in the first degree will be specifically and separately punished.
LEGISLATIVE HISTORY: 2011/12- S.1826/A.2649 - Passed Senate/Assembly Codes 2009/10 - S.1487 - Referred to Codes 2007/08 - S.2086/A.2246 - Passed Senate Non-Controversial/Assembly Codes 2006 - S.1150-B - Passed Senate 2006 - S.1150-A - Passed Senate 2003/04 - S.1055 - Passed Senate 2002 - S.685 - Codes Committee 2001 - S.685 - Passed Senate 2000 - S.7515 - Passed Senate
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the 1st of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1459 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. SKELOS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to concurrent and consecutive terms of imprisonment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 70.25 of the penal law is amended by adding a new subdivision 2-h to read as follows: 2-H. WHENEVER A PERSON IS CONVICTED OF TWO OR MORE COUNTS OF RAPE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.35 OF THIS CHAPTER, COMMITTED AGAINST DIFFERENT VICTIMS OR THE SAME VICTIM, IN SEPARATE AND DISTINCT SEXUAL ACTS, THEN ANY TERMS OF IMPRISONMENT WHICH MAY BE IMPOSED AS A SENTENCE UPON SUCH CONVICTIONS SHALL RUN CONSECUTIVELY TO EACH OTHER AND TO ANY OTHER UNDISCHARGED TERM OF IMPRISONMENT TO WHICH THE DEFENDANT WAS SUBJECT AND FOR WHICH HE OR SHE MAY BE CONFINED AT THE TIME OF SENTENCING. S 2. This act shall take effect on the first of November next succeed- 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. LBD03144-01-3