Senate Bill S5881

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5881
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced by Sens. LANZA, MURRAY -- 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.
                                                            LBD10513-01-5
              

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 IS CONVICTED OF AGGRAVATED RAPE AS DEFINED IN  SECTION  130.36  OF  THIS
 CHAPTER,  AGGRAVATED CRIMINAL SEXUAL ACT AS DEFINED IN SECTION 130.51 OF
 THIS CHAPTER 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 IMPRISONMENT 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 specified 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  imprison-
 ment 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 subdivision two of section 125.26 of this chapter, the court
 shall sentence the defendant to life imprisonment without parole 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.
   § 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
 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
 S. 5881                             3
 
 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 OF THIS CHAPTER, AGGRAVATED CRIMINAL
 SEXUAL ACT AS DEFINED IN SECTION 130.51 OF THIS CHAPTER,  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 777 of the
 laws of 2023, is amended to read as follows:
 § 130.35 Rape in the first degree.
   A person is guilty of rape in the first degree when:
   1.  [he  or  she]  SUCH  PERSON engages in vaginal sexual contact with
 another person:
   (a) By forcible compulsion; or
   (b) Who is incapable of consent by reason of  being  physically  help-
 less[; or
   (c) Who is less than eleven years old; or
   (d)  Who  is  less  than  thirteen years old and the actor is eighteen
 years old or more];
   2. [he or she] SUCH PERSON engages in oral sexual contact with another
 person:
   (a) By forcible compulsion; or
   (b) Who is incapable of consent by reason of  being  physically  help-
 less[; or
   (c) Who is less than eleven years old; or
   (d)  Who  is  less  than  thirteen years old and the actor is eighteen
 years old or more]; or
   3. [he or she] SUCH PERSON engages in anal sexual contact with another
 person:
   (a) By forcible compulsion; or
   (b) Who is incapable of consent by reason of  being  physically  help-
 less[; or
   (c) Who is less than eleven years old; or
   (d)  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.
   A PERSON IS GUILTY OF AGGRAVATED RAPE WHEN:
   1.  BEING EIGHTEEN YEARS OR MORE, SUCH PERSON ENGAGES IN SEXUAL INTER-
 COURSE WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD; OR
   2. SUCH PERSON ENGAGES IN SEXUAL INTERCOURSE WITH ANOTHER  PERSON  WHO
 IS INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY DISABLED OR MENTALLY
 INCAPACITATED; OR
   3.  SUCH  PERSON 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. 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.
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   § 7. Section 130.96 of the penal law is REPEALED.
   § 8. This act shall take effect on the first of November next succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 offenses committed on or after such effective date.