NY State Senate Bill 2017-S6151A

Senate Bill S6151A

2017-2018 Legislative Session

Provides that rape in the first degree shall be a class A-I felony and shall be punishable by life in prison without parole

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 15, 2018	print number 6151a
Feb 15, 2018	amend and recommit to codes
Jan 03, 2018	referred to codes
May 11, 2017	referred to codes

Bill Amendments

Original

A (Active)

2017-S6151 - Details

See Assembly Version of this Bill:: A8443
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§130.35 & 70.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S479
2011-2012: S3543
2013-2014: S2144
2015-2016: S4504
2019-2020: S1784
2021-2022: S4635
2023-2024: S4110

2017-S6151 - Summary

Provides that rape in the first degree shall be a class A-I felony and shall be punishable by life imprisonment without parole.

2017-S6151 - Sponsor Memo

                                
 
BILL NUMBER: S6151               Revised 01/17/18

SPONSOR: LANZA
 
TITLE OF BILL:

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

 
PURPOSE:

Provides that rape in the first degree shall be a class A-I felony and
shall be punishable by life in prison without parole.

 
SUMMARY OF PROVISIONS:

Section 1 of the closing paragraph of section 130.35 of the penal law,
is amended to make rape in the first degree a class A-I felony.

Section 2 amends subdivision 5 of section 70.00 of the penal law to make
defendants sentenced to life imprisonment without parole not eligible

for parole or conditional release.

Section 3 deems this act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

 
JUSTIFICATION:

In numerous instances, including a 2008 attack and rape of a NYC woman,
have made it evident that harsher punishments are necessary for individ-
uals who are guilty of rape. A Columbia Graduate student who endured
over nineteen hours of both rape and torture exemplifies why the penal
law should be amended to mandate that individuals guilty of rape in the
first degree, shall be guilty of a class A-I felony. Individuals who
partake in a heinous crime such as rape, should be forced to serve the
maximum sentence, without the option of parole, due to the risk that
they may rape again or commit another horrific act. A one time offense
of this severity is more than enough reason to increase penalties and
keep perpetrators safely behind bars and away from the public.

 
LEGISLATIVE HISTORY:

2017: S.6151 - Referred to Codes/A.8443- Referred to Codes
2016: S.4504 - Referred to Codes
2015: S.4504 - Passed Senate
2014: S.2144 - Referred to Codes/A.7422- Referred to Codes
2013: S.2144 - Referred to Codes/A.7422 - Referred to Codes
2012: S.3543 - Referred to Codes/A.7353 - Referred to Codes
2011: S.3543 - Referred to Codes/A.7353 - Referred to Codes
2010: S.479 - Referred to Codes/A.7402 - Referred to Codes
2009: S.479 - Referred to Codes/A.7402 - Referred to Codes
2008: S.5709 - Referred to Codes/A.8597 - Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.

2017-S6151 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6151
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 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.
   §  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.

                                                            LBD11642-01-7

 S. 6151                             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.
   §  2-a. 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 OR FOR
 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.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become  a  law;  provided,  however,
 that if section 40-a of part WWW of chapter 59 of the laws of 2017 shall
 not  have taken effect on or before such date then section two-a of this
 act shall take effect on the same date and in the same  manner  as  such
 section of such chapter of the laws of 2017 takes effect.

2017-S6151A (ACTIVE) - Details

See Assembly Version of this Bill:: A8443
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§130.35 & 70.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S479
2011-2012: S3543
2013-2014: S2144
2015-2016: S4504
2019-2020: S1784
2021-2022: S4635
2023-2024: S4110

2017-S6151A (ACTIVE) - Summary

Provides that rape in the first degree shall be a class A-I felony and shall be punishable by life imprisonment without parole.

2017-S6151A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6151A

SPONSOR: LANZA
 
TITLE OF BILL:

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

 
PURPOSE:

Provides that rape in the first degree shall be a class A-I felony and
shall be punishable by life in prison without parole.

 
SUMMARY OF PROVISIONS:

Section 1 amends the closing paragraph of section 130.35 of the penal
law, as amended by chapter 1 of the laws of 2000.

Section 2 amends subdivision 5 of section 70.00 of the penal law to make
defendants sentenced to life imprisonment without parole not eligible

for parole or conditional release.

Section 3 deems this act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

 
JUSTIFICATION:

In numerous instances, including a 2008 attack and rape of a NYC woman,
have made it evident that harsher punishments are necessary for individ-
uals who are guilty of rape. A Columbia Graduate student who endured
over nineteen hours of both rape and torture exemplifies why the penal
law should be amended to mandate that individuals guilty of rape in the
first degree, shall be guilty of a class A-I felony. Individuals who
partake in a heinous crime such as rape, should be forced to serve the
maximum sentence, without the option of parole, due to the risk that
they may rape again or commit another horrific act. A one time offense
of this severity is more than enough reason to increase penalties and
keep perpetrators safely behind bars and away from the public.

 
LEGISLATIVE HISTORY:

2017: S.6151 - Referred to Codes/A.8443 - Referred to Codes
2016: S.4504 - Referred to Codes
2015: S.4504 - Passed Senate
2014: S.2144 - Referred to Codes/A.7422 - Referred to Codes
2013: S.2144 - Referred to Codes/A.7422 - Referred to Codes
2012: S.3543 - Referred to Codes/A.7353 - Referred to Codes
2011: S.3543 - Referred to Codes/A.7353 - Referred to Codes
2010: S.479 - Referred to Codes/A.7402 - Referred to Codes
2009: S.479 - Referred to Codes/A.7402 - Referred to Codes
2008: S.5709 - Referred to Codes/A.8597 - Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.

2017-S6151A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6151--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   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.
   § 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

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

                                                            LBD11642-02-8

 S. 6151--A                          2
 
 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 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.
   § 3. 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  OR  FOR
 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.
   § 4. This act shall take effect on the first of November next succeed-
 ing  the  date  on  which it shall have become a law; provided, however,
 that if section 40-a of part WWW of chapter 59 of the laws of 2017 shall
 not have taken effect on or before such date then section three of  this
 act  shall  take  effect on the same date and in the same manner as such
 section of such chapter of the laws of 2017 takes effect.

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