senate Bill S1826

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2012 referred to codes
delivered to assembly
passed senate
Feb 07, 2012 advanced to third reading
Feb 06, 2012 2nd report cal.
Jan 31, 2012 1st report cal.158
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Feb 14, 2011 referred to codes
delivered to assembly
passed senate
Feb 08, 2011 advanced to third reading
Feb 07, 2011 2nd report cal.
Feb 01, 2011 1st report cal.64
Jan 13, 2011 referred to codes

Votes

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Jan 31, 2012 - Codes committee Vote

S1826
12
2
committee
12
Aye
2
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jan 31, 2012

nay (2)
aye wr (1)
excused (1)

Feb 1, 2011 - Codes committee Vote

S1826
14
1
committee
14
Aye
1
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Feb 1, 2011

nay (1)
excused (1)

Co-Sponsors

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S1826 - Bill Details

See Assembly Version of this Bill:
A2649
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง70.25, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1487, A449

S1826 - Bill Texts

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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.

view sponsor memo
BILL NUMBER:S1826

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:
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.

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

                                  1826

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

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.
                                                           LBD04271-01-1

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