Bill Text: NY S04905 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S04905 Detail]

Download: New_York-2021-S04905-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4905

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 18, 2021
                                       ___________

        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:

     1    Section  1.  Section 60.06 of the penal law, as amended by chapter 482
     2  of the laws of 2009, is amended to read as follows:
     3  § 60.06 Authorized disposition; murder in the  first  degree  offenders;
     4            aggravated  murder  offenders;  certain  murder  in the second
     5            degree offenders; certain  sex  offenders;  certain  terrorism
     6            offenders; criminal possession of a chemical weapon or biolog-
     7            ical  weapon  offenders;  criminal use of a chemical weapon or
     8            biological weapon offenders.
     9    When a defendant is convicted of murder in the first degree as defined
    10  in section 125.27 of this chapter, the court shall, in  accordance  with
    11  the provisions of section 400.27 of the criminal procedure law, sentence
    12  the  defendant  to death, to life imprisonment without parole in accord-
    13  ance with subdivision five of section 70.00 of this title, or to a  term
    14  of  imprisonment  for  a  class A-I felony other than a sentence of life
    15  imprisonment without parole, in accordance with subdivisions one through
    16  three of section 70.00 of this title. When  a  person  is  convicted  of
    17  murder  in  the  second degree as defined in subdivision five of section
    18  125.25 of this chapter or of the crime of aggravated murder  as  defined
    19  in  subdivision  one  of section 125.26 of this chapter, the court shall
    20  sentence the defendant to life imprisonment without parole in accordance
    21  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.
                                                                   LBD06388-01-1
        S. 4905                             2

     1  is  convicted  of  aggravated  rape as defined in section 130.36 of this
     2  chapter, aggravated criminal sexual act as defined in section 130.51  of
     3  this  chapter  or  course of sexual conduct against a child in the first
     4  degree  as  defined  in  section 130.75 of this chapter, the court shall
     5  sentence the defendant to life imprisonment without parole in accordance
     6  with subdivision five of section 70.00 of this title. When  a  defendant
     7  is  convicted  of the crime of terrorism as defined in section 490.25 of
     8  this chapter, and the specified offense the  defendant  committed  is  a
     9  class  A-I felony offense, or when a defendant is convicted of the crime
    10  of criminal possession of a chemical weapon or biological weapon in  the
    11  first  degree  as  defined  in section 490.45 of this chapter, or when a
    12  defendant is convicted of the crime of criminal use of a chemical weapon
    13  or biological weapon in the first degree as defined in section 490.55 of
    14  this chapter, the court shall sentence the defendant to  life  imprison-
    15  ment without parole in accordance with subdivision five of section 70.00
    16  of  this  title;  provided,  however, that nothing in this section shall
    17  preclude or prevent a sentence of  death  when  the  defendant  is  also
    18  convicted  of murder in the first degree as defined in section 125.27 of
    19  this chapter. When a defendant is  convicted  of  aggravated  murder  as
    20  defined  in subdivision two of section 125.26 of this chapter, the court
    21  shall sentence the defendant to life imprisonment without parole or to a
    22  term of imprisonment for a class A-I felony other  than  a  sentence  of
    23  life  imprisonment  without  parole, in accordance with subdivisions one
    24  through three of section 70.00 of this title.
    25    § 2.  Subdivision 5 of section 70.00 of the penal law, as  amended  by
    26  section  40-a  of part WWW of chapter 59 of the laws of 2017, is amended
    27  to read as follows:
    28    5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
    29  provision  of  law,  a  defendant sentenced to life imprisonment without
    30  parole shall not  be  or  become  eligible  for  parole  or  conditional
    31  release.  For  purposes of commitment and custody, other than parole and
    32  conditional release, such sentence shall be deemed to be  an  indetermi-
    33  nate sentence. A defendant may be sentenced to life imprisonment without
    34  parole  upon  conviction  for the crime of murder in the first degree as
    35  defined in section 125.27 of this chapter and  in  accordance  with  the
    36  procedures  provided  by  law  for imposing a sentence for such crime. A
    37  defendant who was eighteen years of age or older  at  the  time  of  the
    38  commission  of  the crime must be sentenced to life imprisonment without
    39  parole upon conviction for the crime of terrorism as defined in  section
    40  490.25  of  this  chapter,  where  the  specified  offense the defendant
    41  committed is a class A-I felony; the crime of criminal possession  of  a
    42  chemical  weapon  or biological weapon in the first degree as defined in
    43  section 490.45 of this chapter; or the crime of criminal use of a chemi-
    44  cal weapon or biological weapon  in  the  first  degree  as  defined  in
    45  section  490.55 of this chapter; provided, however, that nothing in this
    46  subdivision shall preclude or prevent  a  sentence  of  death  when  the
    47  defendant  is  also convicted of the crime of murder in the first degree
    48  as defined in section 125.27 of this chapter. A defendant who was seven-
    49  teen years of age or younger at the time of the commission of the  crime
    50  may  be  sentenced, in accordance with law, to the applicable indetermi-
    51  nate sentence with a maximum term of life imprisonment. A defendant must
    52  be sentenced to life imprisonment without parole upon conviction for the
    53  crime of murder in the second degree as defined in subdivision  five  of
    54  section  125.25 of this chapter or for the crime of aggravated murder as
    55  defined in subdivision one of section 125.26 of this chapter. A  defend-
    56  ant may be sentenced to life imprisonment without parole upon conviction
        S. 4905                             3

     1  for  the  crime  of  aggravated  murder as defined in subdivision two of
     2  section 125.26 of this chapter. A defendant must be  sentenced  to  life
     3  imprisonment  without  parole upon conviction of the crime of aggravated
     4  rape  as  defined in section 130.36 of this chapter, aggravated criminal
     5  sexual act as defined in section 130.51 of this chapter,  or  course  of
     6  sexual conduct against a child in the first degree as defined in section
     7  130.75 of this chapter.
     8    § 3. Section 130.30 of the penal law is REPEALED.
     9    §  4.  Section 130.35 of the penal law, as amended by chapter 1 of the
    10  laws of 2000, is amended to read as follows:
    11  § 130.35 Rape in the first degree.
    12    A person is guilty of rape in the first degree when he or she  engages
    13  in sexual intercourse with another person:
    14    1. By forcible compulsion; or
    15    2.  Who  is  incapable  of consent by reason of being physically help-
    16  less[; or
    17    3. Who is less than eleven years old; or
    18    4. Who is less than thirteen years old and the actor is eighteen years
    19  old or more].
    20    Rape in the first degree is a class B felony.
    21    § 5. The penal law is amended by adding a new section 130.36  to  read
    22  as follows:
    23  § 130.36 Aggravated rape.
    24    A person is guilty of aggravated rape when:
    25    1.  being  eighteen  years or more, he or she engages in sexual inter-
    26  course with another person less than fifteen years old; or
    27    2. he or she engages in sexual intercourse with another person who  is
    28  incapable  of  consent  by reason of being mentally disabled or mentally
    29  incapacitated; or
    30    3. he or she engages in sexual intercourse with another person who  is
    31  less than thirteen years old.
    32    It  shall  be an affirmative defense to the offense of aggravated rape
    33  as defined in subdivision one of this section  that  the  defendant  was
    34  less than four years older than the victim at the time of the offense.
    35    Aggravated rape is a class A-I felony.
    36    § 6. Section 130.45 of the penal law is REPEALED.
    37    § 7. Section 130.50 of the penal law, as amended by chapter 264 of the
    38  laws of 2003, is amended to read as follows:
    39  § 130.50 Criminal sexual act in the first degree.
    40    A  person is guilty of criminal sexual act in the first degree when he
    41  or she engages in oral sexual conduct or anal sexual conduct with anoth-
    42  er person:
    43    1. By forcible compulsion; or
    44    2. Who is incapable of consent by reason  of  being  physically  help-
    45  less[; or
    46    3. Who is less than eleven years old; or
    47    4. Who is less than thirteen years old and the actor is eighteen years
    48  old or more].
    49    Criminal sexual act in the first degree is a class B felony.
    50    §  8.  The penal law is amended by adding a new section 130.51 to read
    51  as follows:
    52  § 130.51 Aggravated criminal sexual act.
    53    A person is guilty of aggravated criminal sexual act when:
    54    1. being eighteen years or more, he or  she  engages  in  oral  sexual
    55  conduct  or  anal  sexual  conduct with another person less than fifteen
    56  years old; or
        S. 4905                             4

     1    2. he or she engages in oral sexual conduct  or  anal  sexual  conduct
     2  with  another  person  who  is  incapable  of consent by reason of being
     3  mentally disabled or mentally incapacitated; or
     4    3.  he  or  she  engages in oral sexual conduct or anal sexual conduct
     5  with another person who is less than thirteen years old.
     6    It shall be an affirmative defense to the offense of aggravated crimi-
     7  nal sexual act as defined in subdivision one of this  section  that  the
     8  defendant  was less than four years older than the victim at the time of
     9  the offense.
    10    Aggravated criminal sexual act is a class A-I felony.
    11    § 9. The closing paragraph of section 130.75  of  the  penal  law,  as
    12  amended by chapter 1 of the laws of 2000, is amended to read as follows:
    13    Course  of  sexual  conduct  against  a child in the first degree is a
    14  class [B] A-I felony.
    15    § 10. Section 130.96 of the penal law is REPEALED.
    16    § 11. This act shall  take  effect  on  the  first  of  November  next
    17  succeeding  the date on which it shall have become a law and shall apply
    18  to offenses committed on or after such effective date.