Bill S2144-2013

Provides that rape in the first degree shall be a class A-I felony and shall be punishable by life in prison without parole

Provides that rape in the first degree shall be a class A-I felony and shall be punishable by life in prison without parole.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 11, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S2144

TITLE OF BILL: An act to amend the penal law, in relation to making rape in the first degree a class A-I felony with a penalty of life imprisonment without parole

PURPOSE: Provides that rape in the first degree shall be a class A-I felony and shall be punishable by life in prison without parole.

SUMMARY OF PROVISIONS:

Section 1 of the closing paragraph of section 130.35 of the penal law, is amended to make rape in the first degree a class A-I felony.

Section 2 amends subdivision 5 of section 70.00 of the penal law to make defendants sentenced to life imprisonment without parole not eligible for parole or conditional release.

Section 3 deems this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

JUSTIFICATION: In numerous instances, including a 2008 attack and rape of a NYC woman, have made it evident that harsher punishments are necessary for individuals who are guilty of rape. A Columbia Graduate student who endured over nineteen hours of both rape and torture exemplifies why the penal law should be amended to mandate that individuals guilty of rape in the first degree, shall be guilty of a class A-I felony. Individuals who partake in a heinous crime such as rape, should be forced to serve the maximum sentence, without the option of parole, due to the risk that they may rape again or commit another horrific act. A one time offense of this severity is more than enough reason to increase penalties and keep perpetrators safely behind bars and away from the public.

LEGISLATIVE HISTORY: 2012: S.3543 - Referred to Codes/A.7353 - Referred to Codes 2011: S.3543 - Referred to Codes/A.7353 - Referred to Codes 2010: S.479 - Referred to Codes/A.7402 - Referred to Codes 2009: S.479 - Referred to Codes/A.7402 - Referred to Codes 2008: S.5709 - Referred to Codes/A.8597 - Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: November 1.


Text

STATE OF NEW YORK ________________________________________________________________________ 2144 2013-2014 Regular Sessions IN SENATE January 11, 2013 ___________
Introduced by Sen. LANZA -- 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 making rape in the first degree a class A-I felony with a penalty of life imprisonment without parole THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The closing paragraph of section 130.35 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows: Rape in the first degree is a class [B] A-I felony. S 2. Subdivision 5 of section 70.00 of the penal law, as amended by chapter 482 of the laws of 2009, is amended to read as follows: 5. Life imprisonment without parole. Notwithstanding any other provision of law, a defendant sentenced to life imprisonment without parole shall not be or become eligible for parole or conditional release. For purposes of commitment and custody, other than parole and conditional release, such sentence shall be deemed to be an indetermi- nate sentence. A defendant may be sentenced to life imprisonment with- out parole upon conviction for the crime of murder in the first degree as defined in section 125.27 of this chapter and in accordance with the procedures provided by law for imposing a sentence for such crime. A defendant must be sentenced to life imprisonment without parole upon conviction for the crime of terrorism as defined in section 490.25 of this chapter, where the specified offense the defendant committed is a class A-I felony; the crime of criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of this chapter; or the crime of criminal use of a chemical weapon or biological weapon in the first degree as defined in section 490.55 of this chapter; provided, however, that nothing in this subdivision shall preclude or prevent a sentence of death when the defendant is also
convicted of the crime of murder in the first degree as defined in section 125.27 of this chapter. A defendant must be sentenced to life imprisonment without parole upon conviction for the crime of murder in the second degree as defined in subdivision five of section 125.25 of this chapter [or], for the crime of aggravated murder as defined in subdivision one of section 125.26 of this chapter OR THE CRIME OF RAPE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.35 OF THIS CHAPTER. A defendant may be sentenced to life imprisonment without parole upon conviction for the crime of aggravated murder as defined in subdivision two of section 125.26 of this chapter. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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