Bill Text: NY S06151 | 2017-2018 | General Assembly | Amended
Bill Title: Provides that rape in the first degree shall be a class A-I felony and shall be punishable by life imprisonment without parole.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-15 - PRINT NUMBER 6151A [S06151 Detail]
Download: New_York-2017-S06151-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6151--A 2017-2018 Regular Sessions IN SENATE 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 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: 1 Section 1. The closing paragraph of section 130.35 of the penal law, 2 as amended by chapter 1 of the laws of 2000, is amended to read as 3 follows: 4 Rape in the first degree is a class [B] A-I felony. 5 § 2. Subdivision 5 of section 70.00 of the penal law, as amended by 6 chapter 482 of the laws of 2009, is amended to read as follows: 7 5. Life imprisonment without parole. Notwithstanding any other 8 provision of law, a defendant sentenced to life imprisonment without 9 parole shall not be or become eligible for parole or conditional 10 release. For purposes of commitment and custody, other than parole and 11 conditional release, such sentence shall be deemed to be an indetermi- 12 nate sentence. A defendant may be sentenced to life imprisonment with- 13 out parole upon conviction for the crime of murder in the first degree 14 as defined in section 125.27 of this chapter and in accordance with the 15 procedures provided by law for imposing a sentence for such crime. A 16 defendant must be sentenced to life imprisonment without parole upon 17 conviction for the crime of terrorism as defined in section 490.25 of 18 this chapter, where the specified offense the defendant committed is a 19 class A-I felony; the crime of criminal possession of a chemical weapon 20 or biological weapon in the first degree as defined in section 490.45 of 21 this chapter; or the crime of criminal use of a chemical weapon or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11642-02-8S. 6151--A 2 1 biological weapon in the first degree as defined in section 490.55 of 2 this chapter; provided, however, that nothing in this subdivision shall 3 preclude or prevent a sentence of death when the defendant is also 4 convicted of the crime of murder in the first degree as defined in 5 section 125.27 of this chapter. A defendant must be sentenced to life 6 imprisonment without parole upon conviction for the crime of murder in 7 the second degree as defined in subdivision five of section 125.25 of 8 this chapter [or], for the crime of aggravated murder as defined in 9 subdivision one of section 125.26 of this chapter or the crime of rape 10 in the first degree as defined in section 130.35 of this chapter. A 11 defendant may be sentenced to life imprisonment without parole upon 12 conviction for the crime of aggravated murder as defined in subdivision 13 two of section 125.26 of this chapter. 14 § 3. Subdivision 5 of section 70.00 of the penal law, as amended by 15 section 40-a of part WWW of chapter 59 of the laws of 2017, is amended 16 to read as follows: 17 5. Life imprisonment without parole. Notwithstanding any other 18 provision of law, a defendant sentenced to life imprisonment without 19 parole shall not be or become eligible for parole or conditional 20 release. For purposes of commitment and custody, other than parole and 21 conditional release, such sentence shall be deemed to be an indetermi- 22 nate sentence. A defendant may be sentenced to life imprisonment without 23 parole upon conviction for the crime of murder in the first degree as 24 defined in section 125.27 of this chapter and in accordance with the 25 procedures provided by law for imposing a sentence for such crime. A 26 defendant who was eighteen years of age or older at the time of the 27 commission of the crime must be sentenced to life imprisonment without 28 parole upon conviction for the crime of terrorism as defined in section 29 490.25 of this chapter, where the specified offense the defendant 30 committed is a class A-I felony; the crime of criminal possession of a 31 chemical weapon or biological weapon in the first degree as defined in 32 section 490.45 of this chapter; or the crime of criminal use of a chemi- 33 cal weapon or biological weapon in the first degree as defined in 34 section 490.55 of this chapter; provided, however, that nothing in this 35 subdivision shall preclude or prevent a sentence of death when the 36 defendant is also convicted of the crime of murder in the first degree 37 as defined in section 125.27 of this chapter. A defendant who was seven- 38 teen years of age or younger at the time of the commission of the crime 39 may be sentenced, in accordance with law, to the applicable indetermi- 40 nate sentence with a maximum term of life imprisonment. A defendant must 41 be sentenced to life imprisonment without parole upon conviction for the 42 crime of murder in the second degree as defined in subdivision five of 43 section 125.25 of this chapter [or], for the crime of aggravated murder 44 as defined in subdivision one of section 125.26 of this chapter or for 45 the crime of rape in the first degree as defined in section 130.35 of 46 this chapter. A defendant may be sentenced to life imprisonment without 47 parole upon conviction for the crime of aggravated murder as defined in 48 subdivision two of section 125.26 of this chapter. 49 § 4. This act shall take effect on the first of November next succeed- 50 ing the date on which it shall have become a law; provided, however, 51 that if section 40-a of part WWW of chapter 59 of the laws of 2017 shall 52 not have taken effect on or before such date then section three of this 53 act shall take effect on the same date and in the same manner as such 54 section of such chapter of the laws of 2017 takes effect.
