senate Bill S2144

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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Bill Status


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

  • 11 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

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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Bill Details

See Assembly Version of this Bill:
A7422
Versions:
S2144
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง130.35 & 70.00, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3543, A7353, S3543
2009-2010: S479, A7402, S479
2007-2008: A8597

Sponsor 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.

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

                                  2144

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05463-01-3

S. 2144                             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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