Bill Text: NY S03276 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the offense of aggravated rape; provides criminal sentencing mandates for defendants convicted of certain sexual offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S03276 Detail]

Download: New_York-2023-S03276-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3276

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sen.  GRIFFO -- 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 establishing  the  offense
          of aggravated rape and criminal sentencing for defendants convicted of
          certain sexual offenses

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  "Kimberlee's law".
     3    §  2.  The penal law is amended by adding a new section 130.36 to read
     4  as follows:
     5  § 130.36 Aggravated rape.
     6    A person is guilty of aggravated rape when he or she engages in sexual
     7  intercourse with another person:
     8    1. With intent to cause serious physical injury; and
     9    2. Such person is armed with a deadly weapon or dangerous  instrument,
    10  or  any object used in a manner to lead the victim to reasonably believe
    11  such object to be a deadly weapon or dangerous instrument; and
    12    (a) By forcible compulsion; or
    13    (b) Such victim is incapable of consent by reason of being  physically
    14  helpless; or
    15    (c) Such victim is less than eleven years old; or
    16    (d) Such victim is less than thirteen years old and the actor is eigh-
    17  teen years old or more.
    18    Aggravated rape is a class A felony.
    19    §  3. Section 70.80 of the penal law is amended by adding a new subdi-
    20  vision 10 to read as follows:
    21    10. Sentence of imprisonment for an offender  of  certain  felony  sex
    22  offenses.  An offender convicted of rape in the first degree pursuant to
    23  section 130.35 of this chapter or an offender  convicted  of  aggravated
    24  rape  pursuant  to  section 130.36 of this chapter shall not be released

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05488-01-3
        S. 3276                             2

     1  pursuant to section 70.40 of this article until  such  minimum  sentence
     2  shall have been served.
     3    §  4.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.