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.