S1826-2011 Actions

• Feb 13, 2012: referred to codes
• Feb 13, 2012: DELIVERED TO ASSEMBLY
• Feb 13, 2012: PASSED SENATE
• Feb 7, 2012: ADVANCED TO THIRD READING
• Feb 6, 2012: 2ND REPORT CAL.
• Jan 31, 2012: 1ST REPORT CAL.158
• Jan 4, 2012: REFERRED TO CODES
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Feb 14, 2011: referred to codes
• Feb 14, 2011: DELIVERED TO ASSEMBLY
• Feb 14, 2011: PASSED SENATE
• Feb 8, 2011: ADVANCED TO THIRD READING
• Feb 7, 2011: 2ND REPORT CAL.
• Feb 1, 2011: 1ST REPORT CAL.64
• Jan 13, 2011: REFERRED TO CODES

S1826-2011 Meetings

S1826-2011 Calendars

S1826-2011 Votes

S1826-2011 Memo

BILL NUMBER:S1826

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 are 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:
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.

S1826-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1826
 2011-2012 Regular Sessions
 I N  SENATE
 January 13, 2011
 
 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.
 LBD04271-01-1

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