Senate Bill S1487

                                 BILL NUMBER:  S1487

 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 are 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 :
2007/2008 - S.2086/A.2246 - Passed Senate Non-Controversial/ Assembly
Codes
2006 - S.1150-B - Passed Senate
2006 - S.1150-A - Passed Senate
2003/2004 - 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.