S1459-2013 - NY Senate Open Legislation - Requires that persons convicted of rape in the first degree against different victims or the same victim serve sentence consecutively

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.

Sponsor: SKELOS / Co-sponsor(s): AVELLA, LANZA, O'MARA / Committee: CODES
Law Section: Penal Law / Law: Amd S70.25, Pen L

S1459-2013 Actions

Mar 20, 2013: referred to codes
Mar 20, 2013: DELIVERED TO ASSEMBLY
Mar 20, 2013: PASSED SENATE
Mar 14, 2013: ADVANCED TO THIRD READING
Mar 13, 2013: 2ND REPORT CAL.
Mar 12, 2013: 1ST REPORT CAL.192
Jan 9, 2013: REFERRED TO CODES

S1459-2013 Meetings

Codes: Mar 12, 2013

S1459-2013 Calendars

Active List: Mar 20, 2013 , Floor Calendar: Mar 13, 2013 , Floor Calendar: Mar 14, 2013 , Floor Calendar: Mar 18, 2013 , Floor Calendar: Mar 19, 2013 , Floor Calendar: Mar 20, 2013

S1459-2013 Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 12, 2013

Ayes (16): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Smith, Squadron, Perkins, Espaillat, Hoylman, Sampson, O'Brien

VOTE: FLOOR VOTE: - Mar 20, 2013

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

S1459-2013 Memo

BILL NUMBER:S1459

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.

S1459-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1459
 2013-2014 Regular Sessions
 I N  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

S1459-2013: Requires that persons convicted of rape in the first degree against different victims or the same victim serve sentence consecutively