Bill Text: NY A08443 | 2017-2018 | General Assembly | Amended

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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 (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-16 - print number 8443a [A08443 Detail]

Download: New_York-2017-A08443-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8443--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 16, 2017
                                       ___________
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on  Codes  -- recommitted to the Committee on Codes in accordance with
          Assembly Rule 3, sec. 2 -- 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
    22  biological weapon in the first degree as defined in  section  490.55  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11642-03-8
        A. 8443--A                          2
     1  this  chapter; provided, however, that nothing in this subdivision shall
     2  preclude or prevent a sentence of  death  when  the  defendant  is  also
     3  convicted  of  the  crime  of  murder  in the first degree as defined in
     4  section  125.27  of this chapter.  A defendant must be sentenced to life
     5  imprisonment without parole upon conviction for the crime of  murder  in
     6  the  second  degree  as defined in subdivision five of section 125.25 of
     7  this chapter [or], for the crime of  aggravated  murder  as  defined  in
     8  subdivision  one  of section 125.26 of this chapter or the crime of rape
     9  in the first degree as defined in section  130.35  of  this  chapter.  A
    10  defendant  may  be  sentenced  to  life imprisonment without parole upon
    11  conviction for the crime of aggravated murder as defined in  subdivision
    12  two of section 125.26 of this chapter.
    13    §  3.  Subdivision  5 of section 70.00 of the penal law, as amended by
    14  section 40-a of part WWW of chapter 59 of the laws of 2017,  is  amended
    15  to read as follows:
    16    5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
    17  provision of law, a defendant sentenced  to  life  imprisonment  without
    18  parole  shall  not  be  or  become  eligible  for  parole or conditional
    19  release. For purposes of commitment and custody, other than  parole  and
    20  conditional  release,  such sentence shall be deemed to be an indetermi-
    21  nate sentence. A defendant may be sentenced to life imprisonment without
    22  parole upon conviction for the crime of murder in the  first  degree  as
    23  defined  in  section  125.27  of this chapter and in accordance with the
    24  procedures provided by law for imposing a sentence  for  such  crime.  A
    25  defendant  who  was  eighteen  years  of age or older at the time of the
    26  commission of the crime must be sentenced to life  imprisonment  without
    27  parole  upon conviction for the crime of terrorism as defined in section
    28  490.25 of this  chapter,  where  the  specified  offense  the  defendant
    29  committed  is  a class A-I felony; the crime of criminal possession of a
    30  chemical weapon or biological weapon in the first degree as  defined  in
    31  section 490.45 of this chapter; or the crime of criminal use of a chemi-
    32  cal  weapon  or  biological  weapon  in  the  first degree as defined in
    33  section 490.55 of this chapter; provided, however, that nothing in  this
    34  subdivision  shall  preclude  or  prevent  a  sentence of death when the
    35  defendant is also convicted of the crime of murder in the  first  degree
    36  as defined in section 125.27 of this chapter. A defendant who was seven-
    37  teen  years of age or younger at the time of the commission of the crime
    38  may be sentenced, in accordance with law, to the  applicable  indetermi-
    39  nate sentence with a maximum term of life imprisonment. A defendant must
    40  be sentenced to life imprisonment without parole upon conviction for the
    41  crime  of  murder in the second degree as defined in subdivision five of
    42  section 125.25 of this chapter [or], for the crime of aggravated  murder
    43  as  defined  in subdivision one of section 125.26 of this chapter or for
    44  the crime of rape in the first degree as defined in  section  130.35  of
    45  this chapter.  A defendant may be sentenced to life imprisonment without
    46  parole  upon conviction for the crime of aggravated murder as defined in
    47  subdivision two of section 125.26 of this chapter.
    48    § 4. This act shall take effect on the first of November next succeed-
    49  ing the date on which it shall have become  a  law;  provided,  however,
    50  that if section 40-a of part WWW of chapter 59 of the laws of 2017 shall
    51  not  have taken effect on or before such date then section three of this
    52  act shall take effect on the same date and in the same  manner  as  such
    53  section of such chapter of the laws of 2017 takes effect.