senate Bill S2300

2013-2014 Legislative Session

Provides for sentence of life without parole for defendants convicted of certain sex offenses against a child or mentally disabled person; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 15, 2013 referred to codes

S2300 - Bill Details

See Assembly Version of this Bill:
A4976
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§60.06, 70.00, 130.35, 130.50 & 130.75, rpld §§130.30, 130.45 & 130.96, add §§130.36 & 130.51, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S4118, A6678

S2300 - Bill Texts

view summary

Provides for the imposition of a sentence of life imprisonment without parole for defendants convicted of certain sex offenses against a child or mentally disabled person.

view sponsor memo
BILL NUMBER:S2300

TITLE OF BILL: An act to amend the penal law, in relation to making
certain sex offenses committed against a child or a mentally disabled
person class A-I felonies for which a sentence of life imprisonment
without parole shall be imposed; and to repeal certain provisions of
such law relating to sex offenses committed against children or the
mentally disabled

PURPOSE: Provides for sentence of life without parole for defendants
convicted of certain sex offenses against a child or mentally disabled
person.

SUMMARY OF PROVISIONS:

Section one amends section 60.06 of the penal law, as amended by
chapter 482 of the laws of 2009.

Section two amends subdivision 5 of section 70.00 of the penal law, as
amended by chapter 482 of the laws of 2009.

Section three repeals section 130.30 of the penal law.

Section four amends section 130.35 of the penal law, as amended by
chapter 1 of the laws of 2000.

Section five amends the penal law by adding a new section 130.36:
Aggravated Rape.

Section six repeals section 130-45 of the penal law.

Section seven amends section 130.50 of the penal law, as amended by
chapter 264 of the laws of 2003.

Section eight amends the penal law by adding a new section 130.51:
Aggravated Criminal Sexual Act.

Section nine amends the closing paragraph of section 130.75 of the
penal law by making sexual conduct against a child in the first degree
a class A-I felony.

Section ten repeals section 130.96 of the penal law.

Section eleven is an effective date of November 1.

JUSTIFICATION: This bill provides for the sentence of life without
parole for defendants convicted of certain sex offenses against a
child or mentally disabled person. Sex crimes against children and the
mentally disabled are intolerable acts that society should not put up
with. This measure would require those convicted of such crimes the
inability to receive parole. This bill would keep these criminals out
of our neighborhoods so they cannot harm our children and the mentally
disabled again.


LEGISLATIVE HISTORY: 2012: S.4118 - Referred to Codes/A.6678 -
Referred to Codes 2011: S.4118 - Referred to Codes/A.6678 - Referred
to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first November next
succeeding the date on which it shall have become a law and shall
apply to offenses committed on or after such effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2300

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 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  certain  sex
  offenses committed against a child or a mentally disabled person class
  A-I  felonies for which a sentence of life imprisonment without parole
  shall be imposed; and to repeal certain provisions of such law  relat-
  ing  to  sex offenses committed against children or the mentally disa-
  bled

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 60.06 of the penal law, as amended by chapter 482
of the laws of 2009, is amended to read as follows:
S 60.06 Authorized disposition; murder in the  first  degree  offenders;
          aggravated  murder  offenders;  certain  murder  in the second
          degree offenders; CERTAIN  SEX  OFFENDERS;  certain  terrorism
          offenders; criminal possession of a chemical weapon or biolog-
          ical  weapon  offenders;  criminal use of a chemical weapon or
          biological weapon offenders.
  When a defendant is convicted of murder in the first degree as defined
in section 125.27 of this chapter, the court shall, in  accordance  with
the provisions of section 400.27 of the criminal procedure law, sentence
the  defendant  to death, to life imprisonment without parole in accord-
ance with subdivision five of section 70.00 of this title, or to a  term
of  imprisonment  for  a  class A-I felony other than a sentence of life
imprisonment without parole, in accordance with subdivisions one through
three of section 70.00 of this title. When  a  person  is  convicted  of
murder  in  the  second degree as defined in subdivision five of section
125.25 of this chapter or of the crime of aggravated murder  as  defined
in  subdivision  one  of section 125.26 of this chapter, the court shall
sentence the defendant to life imprisonment without parole in accordance
with subdivision five of section 70.00 of this title.  WHEN A  DEFENDANT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05466-01-3

S. 2300                             2

IS CONVICTED OF AGGRAVATED RAPE AS DEFINED IN SECTION 130.36, AGGRAVATED
CRIMINAL  SEXUAL  ACT  AS  DEFINED IN SECTION 130.51 OR COURSE OF SEXUAL
CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 130.75
OF  THIS  CHAPTER, THE COURT SHALL SENTENCE THE DEFENDANT TO LIFE IMPRI-
SONMENT WITHOUT PAROLE IN ACCORDANCE WITH SUBDIVISION  FIVE  OF  SECTION
70.00  OF  THIS  TITLE.  When  a  defendant is convicted of the crime of
terrorism as defined in section 490.25 of this chapter, and  the  speci-
fied  offense  the defendant committed is a class A-I felony offense, or
when a defendant is convicted of 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 when a defendant is convicted of  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,  the  court
shall  sentence  the  defendant  to  life imprisonment without parole in
accordance with  subdivision  five  of  section  70.00  of  this  title;
provided,  however,  that  nothing  in  this  section  shall preclude or
prevent a sentence of death when the  defendant  is  also  convicted  of
murder in the first degree as defined in section 125.27 of this chapter.
When  a defendant is convicted of aggravated murder as defined in subdi-
vision two of section 125.26 of this chapter, the court  shall  sentence
the defendant to life imprisonment without parole or to a term of impri-
sonment  for  a class A-I felony other than a sentence of life imprison-
ment without parole, in accordance with subdivisions one  through  three
of section 70.00 of this title.
  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
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 subdi-
vision one of section  125.26  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.  A DEFENDANT MUST BE SENTENCED TO LIFE IMPRISON-
MENT  WITHOUT  PAROLE UPON CONVICTION OF THE CRIME OF AGGRAVATED RAPE AS
DEFINED IN SECTION 130.36, AGGRAVATED CRIMINAL SEXUAL ACT AS DEFINED  IN

S. 2300                             3

SECTION 130.51, OR COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST
DEGREE AS DEFINED IN SECTION 130.75 OF THIS CHAPTER.
  S 3. Section 130.30 of the penal law is REPEALED.
  S  4.  Section 130.35 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
S 130.35 Rape in the first degree.
  A person is guilty of rape in the first degree when he or she  engages
in sexual intercourse with another person:
  1. By forcible compulsion; or
  2.  Who  is  incapable  of consent by reason of being physically help-
less[; or
  3. Who is less than eleven years old; or
  4. Who is less than thirteen years old and the actor is eighteen years
old or more].
  Rape in the first degree is a class B felony.
  S 5. The penal law is amended by adding a new section 130.36  to  read
as follows:
S 130.36 AGGRAVATED RAPE.
  A PERSON IS GUILTY OF AGGRAVATED RAPE WHEN:
  1.  BEING  EIGHTEEN  YEARS OR MORE, HE OR SHE ENGAGES IN SEXUAL INTER-
COURSE WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD; OR
  2. HE OR SHE ENGAGES IN SEXUAL INTERCOURSE WITH ANOTHER PERSON WHO  IS
INCAPABLE  OF  CONSENT  BY REASON OF BEING MENTALLY DISABLED OR MENTALLY
INCAPACITATED; OR
  3. HE OR SHE ENGAGES IN SEXUAL INTERCOURSE WITH ANOTHER PERSON WHO  IS
LESS THAN THIRTEEN YEARS OLD.
  IT  SHALL  BE AN AFFIRMATIVE DEFENSE TO THE OFFENSE OF AGGRAVATED RAPE
AS DEFINED IN SUBDIVISION ONE OF THIS SECTION  THAT  THE  DEFENDANT  WAS
LESS THAN FOUR YEARS OLDER THAN THE VICTIM AT THE TIME OF THE OFFENSE.
  AGGRAVATED RAPE IS A CLASS A-I FELONY.
  S 6. Section 130.45 of the penal law is REPEALED.
  S 7. Section 130.50 of the penal law, as amended by chapter 264 of the
laws of 2003, is amended to read as follows:
S 130.50 Criminal sexual act in the first degree.
  A  person is guilty of criminal sexual act in the first degree when he
or she engages in oral sexual conduct or anal sexual conduct with anoth-
er person:
  1. By forcible compulsion; or
  2. Who is incapable of consent by reason  of  being  physically  help-
less[; or
  3. Who is less than eleven years old; or
  4. Who is less than thirteen years old and the actor is eighteen years
old or more].
  Criminal sexual act in the first degree is a class B felony.
  S  8.  The penal law is amended by adding a new section 130.51 to read
as follows:
S 130.51 AGGRAVATED CRIMINAL SEXUAL ACT.
  A PERSON IS GUILTY OF AGGRAVATED CRIMINAL SEXUAL ACT WHEN:
  1. BEING EIGHTEEN YEARS OR MORE, HE OR  SHE  ENGAGES  IN  ORAL  SEXUAL
CONDUCT  OR  ANAL  SEXUAL  CONDUCT WITH ANOTHER PERSON LESS THAN FIFTEEN
YEARS OLD; OR
  2. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT  OR  ANAL  SEXUAL  CONDUCT
WITH  ANOTHER  PERSON  WHO  IS  INCAPABLE  OF CONSENT BY REASON OF BEING
MENTALLY DISABLED OR MENTALLY INCAPACITATED; OR
  3. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT  OR  ANAL  SEXUAL  CONDUCT
WITH ANOTHER PERSON WHO IS LESS THAN THIRTEEN YEARS OLD.

S. 2300                             4

  IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE OFFENSE OF AGGRAVATED CRIMI-
NAL  SEXUAL  ACT  AS DEFINED IN SUBDIVISION ONE OF THIS SECTION THAT THE
DEFENDANT WAS LESS THAN FOUR YEARS OLDER THAN THE VICTIM AT THE TIME  OF
THE OFFENSE.
  AGGRAVATED CRIMINAL SEXUAL ACT IS A CLASS A-I FELONY.
  S  9.  The  closing  paragraph  of section 130.75 of the penal law, as
amended by chapter 1 of the laws of 2000, is amended to read as follows:
  Course of sexual conduct against a child in  the  first  degree  is  a
class [B] A-I felony.
  S 10. Section 130.96 of the penal law is REPEALED.
  S  11.  This  act  shall  take  effect  on  the first of November next
succeeding the date on which it shall have become a law and shall  apply
to offenses committed on or after such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.