Senate Bill S6152A

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 14, 2018	print number 6152a
Feb 14, 2018	amend and recommit to codes
Jan 03, 2018	referred to codes
May 11, 2017	referred to codes

Bill Amendments

Original

A (Active)

2017-S6152 - Details

See Assembly Version of this Bill:: A8442
Current Committee:: Senate Codes
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 Other Legislative Sessions:: 2011-2012: S4118
2013-2014: S2300
2015-2016: S4516
2019-2020: S1787
2021-2022: S4905
2023-2024: S4094
2025-2026: S5881

2017-S6152 - 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.

2017-S6152 - Sponsor Memo

                                
 
BILL NUMBER: S6152                Revised 01/17/18

SPONSOR: LANZA
 
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 chap-
ter 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 defend-
ants convicted of certain sex offenses against a child or mentally disa-
bled 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:
2017: S.6152 - Referred to Codes/A.8442- Referred to Codes
2016: S.4516 - Referred to Codes
2015: S.4516 - Referred to Codes
2014: S.2300 - Referred to Codes/A.4976 - Referred to Codes
2013: S.2300 - Referred to Codes/A.4976 - Referred to Codes
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.

2017-S6152 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6152
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 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:
 § 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.

                                                            LBD11643-01-7

 S. 6152                             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.
   §  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. 6152                             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.
   §  2-a. Subdivision 5 of section 70.00 of the penal law, as amended by
 section 40-a of part WWW of chapter 59 of the laws of 2017,  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 without
 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  who  was  eighteen  years  of age or older at the time of the
 commission of the crime 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 chemi-
 cal  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 who was seven-
 teen  years of age or younger at the time of the commission of the crime
 may be sentenced, in accordance with law, to the  applicable  indetermi-
 nate sentence with a maximum term of life imprisonment. 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 subdivision one of section 125.26 of this chapter. A defend-
 ant 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
 IMPRISONMENT WITHOUT PAROLE UPON CONVICTION OF THE CRIME  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.
   § 3. Section 130.30 of the penal law is REPEALED.
   §  4.  Section 130.35 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 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.
   § 5. The penal law is amended by adding a new section 130.36  to  read
 as follows:
 § 130.36 AGGRAVATED RAPE.

 S. 6152                             4
 
   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.
   § 6. Section 130.45 of the penal law is REPEALED.
   § 7. Section 130.50 of the penal law, as amended by chapter 264 of the
 laws of 2003, is amended to read as follows:
 § 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.
   §  8.  The penal law is amended by adding a new section 130.51 to read
 as follows:
 § 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.
   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.
   §  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.
   § 10. Section 130.96 of the penal law is REPEALED.
   §  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; provided, howev-
 er, that if section 40-a of part WWW of chapter 59 of the laws  of  2017
 shall  not  have taken effect on or before such date, then section two-a
 of this act shall take effect on the same date and in the same manner as
 such section of such part of such chapter of  the  laws  of  2017  takes
 effect.

2017-S6152A (ACTIVE) - Details

See Assembly Version of this Bill:: A8442
Current Committee:: Senate Codes
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 Other Legislative Sessions:: 2011-2012: S4118
2013-2014: S2300
2015-2016: S4516
2019-2020: S1787
2021-2022: S4905
2023-2024: S4094
2025-2026: S5881

2017-S6152A (ACTIVE) - 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.

2017-S6152A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6152A

SPONSOR: LANZA
 
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 amends subdivision 5 of section 70.00 of the penal law, as
amended by section 40-a of part WWW of chapter 59 of the laws of 2017.

Section four repeals section 130.30 of the penal law.

Section five amends section 130.35 of the penal law, as amended by chap-
ter 1 of the laws of 2000.

Section six amends the penal law to add a new section 130.36. Section
seven repeals section 130.45 of the penal law.

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

Section nine amends the penal law by adding a new section 130.51.

Section ten amends the closing paragraph of section 130.75 of the penal
law, as amended by chapter 1 of the laws of 2000.

Section eleven repeals section 130.96 of the penal law. Section ten is
the effective date.

 
JUSTIFICATION:

This bill provides for the sentence of life without parole for defend-
ants convicted of certain sex offenses against a child or mentally disa-
bled 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:

2017: S.6152- Referred to Codes/A.8442- Referred to Codes
2016: S.4516- Referred to Codes
2015: S.4516- Referred to Codes
2014: S.2300- Referred to Codes/A.4976- Referred to Codes
2013: S.2300- Referred to Codes/A.4976- Referred to Codes
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.

2017-S6152A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6152--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 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:
 § 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.
                                                            LBD11643-02-8

 S. 6152--A                          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.
   §  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. 6152--A                          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.
   §  3.  Subdivision  5 of section 70.00 of the penal law, as amended by
 section 40-a of part WWW of chapter 59 of the laws of 2017,  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 without
 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  who  was  eighteen  years  of age or older at the time of the
 commission of the crime 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 chemi-
 cal  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 who was seven-
 teen  years of age or younger at the time of the commission of the crime
 may be sentenced, in accordance with law, to the  applicable  indetermi-
 nate sentence with a maximum term of life imprisonment. 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 subdivision one of section 125.26 of this chapter. A defend-
 ant 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
 IMPRISONMENT WITHOUT PAROLE UPON CONVICTION OF THE CRIME  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.
   § 4. Section 130.30 of the penal law is REPEALED.
   §  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 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.
   § 6. The penal law is amended by adding a new section 130.36  to  read
 as follows:
 § 130.36 AGGRAVATED RAPE.

 S. 6152--A                          4

   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.
   § 7. Section 130.45 of the penal law is REPEALED.
   § 8. Section 130.50 of the penal law, as amended by chapter 264 of the
 laws of 2003, is amended to read as follows:
 § 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.
   §  9.  The penal law is amended by adding a new section 130.51 to read
 as follows:
 § 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.
   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.
   §  10.  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.
   § 11. Section 130.96 of the penal law is REPEALED.
   §  12.  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; provided, howev-
 er, that if section 40-a of part WWW of chapter 59 of the laws  of  2017
 shall  not  have taken effect on or before such date, then section three
 of this act shall take effect on the same date and in the same manner as
 such section of such part of such chapter of  the  laws  of  2017  takes
 effect.

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Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Codes Committee

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