Bill S2300-2013

Provides for sentence of life without parole for defendants convicted of certain sex offenses against a child or mentally disabled person; repealer

Provides for the imposition of a sentence of life imprisonment without parole for defendants convicted of certain sex offenses against a child or mentally disabled person.

Details

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Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 15, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S2300

TITLE OF BILL: An act to amend the penal law, in relation to making certain sex offenses committed against a child or a mentally disabled person class A-I felonies for which a sentence of life imprisonment without parole shall be imposed; and to repeal certain provisions of such law relating to sex offenses committed against children or the mentally disabled

PURPOSE: Provides for sentence of life without parole for defendants convicted of certain sex offenses against a child or mentally disabled person.

SUMMARY OF PROVISIONS:

Section one amends section 60.06 of the penal law, as amended by chapter 482 of the laws of 2009.

Section two amends subdivision 5 of section 70.00 of the penal law, as amended by chapter 482 of the laws of 2009.

Section three repeals section 130.30 of the penal law.

Section four amends section 130.35 of the penal law, as amended by chapter 1 of the laws of 2000.

Section five amends the penal law by adding a new section 130.36: Aggravated Rape.

Section six repeals section 130-45 of the penal law.

Section seven amends section 130.50 of the penal law, as amended by chapter 264 of the laws of 2003.

Section eight amends the penal law by adding a new section 130.51: Aggravated Criminal Sexual Act.

Section nine amends the closing paragraph of section 130.75 of the penal law by making sexual conduct against a child in the first degree a class A-I felony.

Section ten repeals section 130.96 of the penal law.

Section eleven is an effective date of November 1.

JUSTIFICATION: This bill provides for the sentence of life without parole for defendants convicted of certain sex offenses against a child or mentally disabled person. Sex crimes against children and the mentally disabled are intolerable acts that society should not put up with. This measure would require those convicted of such crimes the inability to receive parole. This bill would keep these criminals out of our neighborhoods so they cannot harm our children and the mentally disabled again.

LEGISLATIVE HISTORY: 2012: S.4118 - Referred to Codes/A.6678 Referred to Codes 2011: S.4118 - Referred to Codes/A.6678 - Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first November next succeeding the date on which it shall have become a law and shall apply to offenses committed on or after such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 2300 2013-2014 Regular Sessions IN SENATE January 15, 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 certain sex offenses committed against a child or a mentally disabled person class A-I felonies for which a sentence of life imprisonment without parole shall be imposed; and to repeal certain provisions of such law relat- ing to sex offenses committed against children or the mentally disa- bled THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 60.06 of the penal law, as amended by chapter 482 of the laws of 2009, is amended to read as follows: S 60.06 Authorized disposition; murder in the first degree offenders; aggravated murder offenders; certain murder in the second degree offenders; CERTAIN SEX OFFENDERS; certain terrorism offenders; criminal possession of a chemical weapon or biolog- ical weapon offenders; criminal use of a chemical weapon or biological weapon offenders. When a defendant is convicted of murder in the first degree as defined in section 125.27 of this chapter, the court shall, in accordance with the provisions of section 400.27 of the criminal procedure law, sentence the defendant to death, to life imprisonment without parole in accord- ance with subdivision five of section 70.00 of this title, or to a term of imprisonment for a class A-I felony other than a sentence of life imprisonment without parole, in accordance with subdivisions one through three of section 70.00 of this title. When a person is convicted of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or of the crime of aggravated murder as defined in subdivision one of section 125.26 of this chapter, the court shall sentence the defendant to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title. WHEN A DEFENDANT
IS CONVICTED OF AGGRAVATED RAPE AS DEFINED IN SECTION 130.36, AGGRAVATED CRIMINAL SEXUAL ACT AS DEFINED IN SECTION 130.51 OR COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 130.75 OF THIS CHAPTER, THE COURT SHALL SENTENCE THE DEFENDANT TO LIFE IMPRI- SONMENT WITHOUT PAROLE IN ACCORDANCE WITH SUBDIVISION FIVE OF SECTION 70.00 OF THIS TITLE. When a defendant is convicted of the crime of terrorism as defined in section 490.25 of this chapter, and the speci- fied offense the defendant committed is a class A-I felony offense, or when a defendant is convicted of 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 when a defendant is convicted of 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, the court shall sentence the defendant to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title; provided, however, that nothing in this section shall preclude or prevent a sentence of death when the defendant is also convicted of murder in the first degree as defined in section 125.27 of this chapter. When a defendant is convicted of aggravated murder as defined in subdi- vision two of section 125.26 of this chapter, the court shall sentence the defendant to life imprisonment without parole or to a term of impri- sonment for a class A-I felony other than a sentence of life imprison- ment without parole, in accordance with subdivisions one through three of section 70.00 of this title. 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 subdi- vision one of section 125.26 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. A DEFENDANT MUST BE SENTENCED TO LIFE IMPRISON- MENT WITHOUT PAROLE UPON CONVICTION OF THE CRIME OF AGGRAVATED RAPE AS DEFINED IN SECTION 130.36, AGGRAVATED CRIMINAL SEXUAL ACT AS DEFINED IN
SECTION 130.51, OR COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 130.75 OF THIS CHAPTER. S 3. Section 130.30 of the penal law is REPEALED. S 4. Section 130.35 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows: S 130.35 Rape in the first degree. A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person: 1. By forcible compulsion; or 2. Who is incapable of consent by reason of being physically help- less[; or 3. Who is less than eleven years old; or 4. Who is less than thirteen years old and the actor is eighteen years old or more]. Rape in the first degree is a class B felony. S 5. The penal law is amended by adding a new section 130.36 to read as follows: S 130.36 AGGRAVATED RAPE. A PERSON IS GUILTY OF AGGRAVATED RAPE WHEN: 1. BEING EIGHTEEN YEARS OR MORE, HE OR SHE ENGAGES IN SEXUAL INTER- COURSE WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD; OR 2. HE OR SHE ENGAGES IN SEXUAL INTERCOURSE WITH ANOTHER PERSON WHO IS INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY DISABLED OR MENTALLY INCAPACITATED; OR 3. HE OR SHE ENGAGES IN SEXUAL INTERCOURSE WITH ANOTHER PERSON WHO IS LESS THAN THIRTEEN YEARS OLD. IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE OFFENSE OF AGGRAVATED RAPE AS DEFINED IN SUBDIVISION ONE OF THIS SECTION THAT THE DEFENDANT WAS LESS THAN FOUR YEARS OLDER THAN THE VICTIM AT THE TIME OF THE OFFENSE. AGGRAVATED RAPE IS A CLASS A-I FELONY. S 6. Section 130.45 of the penal law is REPEALED. S 7. Section 130.50 of the penal law, as amended by chapter 264 of the laws of 2003, is amended to read as follows: S 130.50 Criminal sexual act in the first degree. A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with anoth- er person: 1. By forcible compulsion; or 2. Who is incapable of consent by reason of being physically help- less[; or 3. Who is less than eleven years old; or 4. Who is less than thirteen years old and the actor is eighteen years old or more]. Criminal sexual act in the first degree is a class B felony. S 8. The penal law is amended by adding a new section 130.51 to read as follows: S 130.51 AGGRAVATED CRIMINAL SEXUAL ACT. A PERSON IS GUILTY OF AGGRAVATED CRIMINAL SEXUAL ACT WHEN: 1. BEING EIGHTEEN YEARS OR MORE, HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD; OR 2. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT WITH ANOTHER PERSON WHO IS INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY DISABLED OR MENTALLY INCAPACITATED; OR 3. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT WITH ANOTHER PERSON WHO IS LESS THAN THIRTEEN YEARS OLD.
IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE OFFENSE OF AGGRAVATED CRIMI- NAL SEXUAL ACT AS DEFINED IN SUBDIVISION ONE OF THIS SECTION THAT THE DEFENDANT WAS LESS THAN FOUR YEARS OLDER THAN THE VICTIM AT THE TIME OF THE OFFENSE. AGGRAVATED CRIMINAL SEXUAL ACT IS A CLASS A-I FELONY. S 9. The closing paragraph of section 130.75 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows: Course of sexual conduct against a child in the first degree is a class [B] A-I felony. S 10. Section 130.96 of the penal law is REPEALED. S 11. This act shall take effect on the first of November next succeeding the date on which it shall have become a law and shall apply to offenses committed on or after such effective date.

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