senate Bill S1459

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 12 / Mar / 2013
    • 1ST REPORT CAL.192
  • 13 / Mar / 2013
    • 2ND REPORT CAL.
  • 14 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 20 / Mar / 2013
    • PASSED SENATE
  • 20 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Mar / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 27 / Feb / 2014
    • 1ST REPORT CAL.206
  • 03 / Mar / 2014
    • 2ND REPORT CAL.
  • 04 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 24 / Mar / 2014
    • PASSED SENATE
  • 24 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 24 / Mar / 2014
    • REFERRED TO CODES

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A3323
Versions:
S1459
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง70.25, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1826, A2649
2009-2010: S1487, A449
2007-2008: A2246

Sponsor 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.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1459

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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

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