S T A T E   O F   N E W   Y O R K
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                                  7353

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 2, 2011
                               ___________

Introduced by M. of A. CUSICK -- read once and referred 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 482 of the laws of 2009, 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; provided, however, that nothing in this subdivision  shall
preclude  or  prevent  a  sentence  of  death when the defendant is also

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01961-01-1
              

A. 7353                             2

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
subdivision  one  of section 125.26 of this chapter OR THE CRIME OF RAPE
IN THE FIRST DEGREE AS DEFINED IN SECTION  130.35  OF  THIS  CHAPTER.  A
defendant  may  be  sentenced  to  life imprisonment without parole upon
conviction for the crime of aggravated murder as defined in  subdivision
two of 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.