Senate Bill S1784

2019-2020 Legislative Session

Provides that rape in the first degree shall be a class A-I felony

download bill text pdf

Sponsored By

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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2019-S1784 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.35 & 70.00, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S479
2011-2012: S3543
2013-2014: S2144
2015-2016: S4504
2017-2018: S6151
2021-2022: S4635
2023-2024: S4110

2019-S1784 (ACTIVE) - Summary

Provides that rape in the first degree shall be a class A-I felony and shall be punishable by life imprisonment without parole.

2019-S1784 (ACTIVE) - Sponsor Memo

2019-S1784 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1784
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 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.
   §  2.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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