S3543-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Feb 25, 2011: REFERRED TO CODES

S3543-2011 Memo

BILL NUMBER:S3543

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:
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.

S3543-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3543
 2011-2012 Regular Sessions
 I N  SENATE
 February 25, 2011
 
 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01961-01-1
 
       S. 3543                             2
 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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