|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
|Feb 25, 2011||referred to codes|
senate Bill S3543
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3543 - Details
S3543 - 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.
S3543 - Sponsor 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
S3543 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3543 2011-2012 Regular Sessions I N S E N A T E 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
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