NY State Senate Bill 2019-S7630A

Senate Bill S7630A

2019-2020 Legislative Session

Relates to establishing the offense of aggravated rape and criminal sentencing for defendants convicted of certain sexual offenses

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 21, 2020	print number 7630a
Feb 21, 2020	amend (t) and recommit to codes
Feb 03, 2020	referred to codes

Bill Amendments

Original

A (Active)

2019-S7630 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §130.36, amd §70.80, Pen L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4584
2023-2024: S3276

2019-S7630 - Summary

Establishes the offense of aggravated rape and provides criminal sentencing mandates for defendants convicted of certain sexual offenses.

2019-S7630 - Sponsor Memo

                                
 
BILL NUMBER: S7630

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the offense
of aggravated rape and criminal sentencing for defendants convicted of
certain repeated sexual offenses

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to create an indefinite sentence for indi-
viduals convicted of certain sexual offenses.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill sets forth the title.

Section 2 creates a new section of the penal law establishing the crime
of "aggravated rape."

Section 3 of the penal law adds a new subsection of the penal law
setting forth the punishment for certain repeat sexual offenders.

Section 4 establishes the effective date.

 
JUSTIFICATION:

In 1998, Kimberlee Morton, then a resident of Tennessee, was brutally
raped and beaten by her neighbor, Carlos Thomas. After raping Kimberlee,
Mr. Thomas stabbed her multiple times in the neck and side with a butch-
er knife. After the rape occurred, Mr. Thomas proceeded to pour bleach
on Kimberlee, causing severe bums to Ms. Morton's flesh.

Carlos Thomas was charged with attempted murder and aggravated rape.  He
pled guilty and was given a sentence of only 15 years in prison, serving
a mere 12 of those 15 years due to "good behavior." Due to the light
sentence and early release of her assailant, Kimberlee set out to change
the state of Tennessee's penal law by providing that an individual found
guilty of committing aggravated rape serves 100% of the time determined
by a judge at sentencing.

Now a resident of New York, it is Kimberlee's desire to assist rape
victims by having all 50 states adopt a law similar to that of Tennes-
see. This bill seeks to accomplish that goal by creating the charge of
aggravated rape, as well as set new sentencing guidelines for individ-
uals found guilty of rape.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This bill shall take effect 90 days after it shall have become a law.

2019-S7630 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7630
 
                             I N  S E N A T E
 
                             February 3, 2020
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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 establishing  the  offense
   of aggravated rape and criminal sentencing for defendants convicted of
   certain repeated sexual offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Kimberlee's law".
   §  2.  The penal law is amended by adding a new section 130.36 to read
 as follows:
 § 130.36 AGGRAVATED RAPE.
   A PERSON IS GUILTY OF AGGRAVATED RAPE WHEN HE OR SHE ENGAGES IN SEXUAL
 INTERCOURSE WITH ANOTHER PERSON:
   1. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY; AND
   2. SUCH PERSON IS ARMED WITH A DEADLY WEAPON OR DANGEROUS  INSTRUMENT,
 OR  ANY OBJECT USED IN A MANNER TO LEAD THE VICTIM TO REASONABLY BELIEVE
 SUCH OBJECT TO BE A DEADLY WEAPON OR DANGEROUS INSTRUMENT; AND
   (A) BY FORCIBLE COMPULSION; OR
   (B) SUCH VICTIM IS INCAPABLE OF CONSENT BY REASON OF BEING  PHYSICALLY
 HELPLESS; OR
   (C) SUCH VICTIM IS LESS THAN ELEVEN YEARS OLD; OR
   (D) SUCH VICTIM IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGH-
 TEEN YEARS OLD OR MORE.
   AGGRAVATED RAPE IS A CLASS A FELONY.
   §  3. Section 70.80 of the penal law is amended by adding a new subdi-
 vision 10 to read as follows:
   10. SENTENCE OF IMPRISONMENT FOR A REPEAT OFFENDER OF  CERTAIN  FELONY
 SEX  OFFENSES.  AN  OFFENDER  CONVICTED TWO OR MORE TIMES OF RAPE IN THE
 FIRST DEGREE PURSUANT TO SECTION 130.35 OF THIS CHAPTER OR  AN  OFFENDER
 CONVICTED  AT LEAST ONCE OF RAPE IN THE FIRST DEGREE PURSUANT TO SECTION
 130.35 OF THIS CHAPTER AND CONVICTED AT LEAST ONCE  OF  AGGRAVATED  RAPE
 PURSUANT  TO SECTION 130.36 OF THIS CHAPTER SHALL NOT BE RELEASED PURSU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15061-01-0

 S. 7630                             2
 
 ANT TO SECTION 70.40 OF THIS ARTICLE UNTIL SUCH MINIMUM  SENTENCE  SHALL
 HAVE BEEN SERVED.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

2019-S7630A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §130.36, amd §70.80, Pen L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4584
2023-2024: S3276

2019-S7630A (ACTIVE) - Summary

Establishes the offense of aggravated rape and provides criminal sentencing mandates for defendants convicted of certain sexual offenses.

2019-S7630A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7630A

SPONSOR: GRIFFO
 
PURPOSE:

The purpose of this bill is to create an indefinite sentence for indi-
viduals convicted of certain sexual offenses.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill sets forth the title.

Section 2 creates a new section of the penal law establishing the crime
of "aggravated rape."

Section 3 of the penal law adds a new subsection of the penal law
setting forth the punishment for certain sexual offenders.

Section 4 establishes the effective date.

 
JUSTIFICATION:

In 1998, Kimberlee Morton, then a resident of Tennessee, was brutally
raped and beaten by her neighbor, Carlos Thomas. After raping Kimberlee,
Mr. Thomas stabbed her multiple times in the neck and side with a butch-
er knife. After the rape occurred, Mr. Thomas proceeded to pour bleach
on Kimberlee, causing severe bums to Ms. Morton's flesh.  Carlos Thomas
was charged with attempted murder and aggravated rape.  He pled guilty
and was given a sentence of only 15 years in prison, serving a mere 12
of those 15 years due to "good behavior." Due to the light sentence and
early release of her assailant, Kimberlee set out to change the state of
Tennessee's penal law by providing that an individual found guilty of
committing aggravated rape serves 100% of the time determined by a judge
at sentencing.

Now a resident of New York, it is Kimberlee's desire to assist rape
victims by having all 50 states adopt a law similar to that of Tennes-
see. This bill seeks to accomplish that goal by creating the charge of
aggravated rape, as well as set new sentencing guidelines for individ-
uals found guilty of rape.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This bill shall take effect 90 days after it shall have become a law.

2019-S7630A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7630--A
 
                             I N  S E N A T E
 
                             February 3, 2020
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the penal law, in relation to establishing the offense
   of aggravated rape and criminal sentencing for defendants convicted of
   certain sexual offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Kimberlee's law".
   § 2. The penal law is amended by adding a new section 130.36  to  read
 as follows:
 § 130.36 AGGRAVATED RAPE.
   A PERSON IS GUILTY OF AGGRAVATED RAPE WHEN HE OR SHE ENGAGES IN SEXUAL
 INTERCOURSE WITH ANOTHER PERSON:
   1. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY; AND
   2.  SUCH PERSON IS ARMED WITH A DEADLY WEAPON OR DANGEROUS INSTRUMENT,
 OR ANY OBJECT USED IN A MANNER TO LEAD THE VICTIM TO REASONABLY  BELIEVE
 SUCH OBJECT TO BE A DEADLY WEAPON OR DANGEROUS INSTRUMENT; AND
   (A) BY FORCIBLE COMPULSION; OR
   (B)  SUCH VICTIM IS INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY
 HELPLESS; OR
   (C) SUCH VICTIM IS LESS THAN ELEVEN YEARS OLD; OR
   (D) SUCH VICTIM IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGH-
 TEEN YEARS OLD OR MORE.
   AGGRAVATED RAPE IS A CLASS A FELONY.
   § 3. Section 70.80 of the penal law is amended by adding a new  subdi-
 vision 10 to read as follows:
   10.  SENTENCE  OF  IMPRISONMENT  FOR AN OFFENDER OF CERTAIN FELONY SEX
 OFFENSES. AN OFFENDER CONVICTED OF RAPE IN THE FIRST DEGREE PURSUANT  TO
 SECTION  130.35  OF  THIS CHAPTER OR AN OFFENDER CONVICTED OF AGGRAVATED
 RAPE PURSUANT TO SECTION 130.36 OF THIS CHAPTER SHALL  NOT  BE  RELEASED

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

                                                            LBD15061-02-0

 S. 7630--A                          2
 
 PURSUANT  TO  SECTION  70.40 OF THIS ARTICLE UNTIL SUCH MINIMUM SENTENCE
 SHALL HAVE BEEN SERVED.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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