S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   479

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

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.
  S  2.  Subdivision  5 of section 70.00 of the penal law, as amended by
chapter 765 of the laws of 2005, 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 with-
out 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  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 chemical weapon or
biological weapon in the first degree as defined in  section  490.55  of
this  chapter  OR  THE  CRIME  OF RAPE IN THE FIRST DEGREE AS DEFINED IN

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

                                                           LBD02991-01-9

S. 479                              2

SECTION 130.35 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 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 section 125.26 of this chapter.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.