Bill Text: NY S04118 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides for the imposition of a sentence of life imprisonment without parole for defendants convicted of certain sex offenses against a child or mentally disabled person.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S04118 Detail]
Download: New_York-2011-S04118-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4118
2011-2012 Regular Sessions
I N S E N A T E
March 18, 2011
___________
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 certain sex
offenses committed against a child or a mentally disabled person class
A-I felonies for which a sentence of life imprisonment without parole
shall be imposed; and to repeal certain provisions of such law relat-
ing to sex offenses committed against children or the mentally disa-
bled
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 60.06 of the penal law, as amended by chapter 482
2 of the laws of 2009, is amended to read as follows:
3 S 60.06 Authorized disposition; murder in the first degree offenders;
4 aggravated murder offenders; certain murder in the second
5 degree offenders; CERTAIN SEX OFFENDERS; certain terrorism
6 offenders; criminal possession of a chemical weapon or biolog-
7 ical weapon offenders; criminal use of a chemical weapon or
8 biological weapon offenders.
9 When a defendant is convicted of murder in the first degree as defined
10 in section 125.27 of this chapter, the court shall, in accordance with
11 the provisions of section 400.27 of the criminal procedure law, sentence
12 the defendant to death, to life imprisonment without parole in accord-
13 ance with subdivision five of section 70.00 of this title, or to a term
14 of imprisonment for a class A-I felony other than a sentence of life
15 imprisonment without parole, in accordance with subdivisions one through
16 three of section 70.00 of this title. When a person is convicted of
17 murder in the second degree as defined in subdivision five of section
18 125.25 of this chapter or of the crime of aggravated murder as defined
19 in subdivision one of section 125.26 of this chapter, the court shall
20 sentence the defendant to life imprisonment without parole in accordance
21 with subdivision five of section 70.00 of this title. WHEN A DEFENDANT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10289-03-1
S. 4118 2
1 IS CONVICTED OF AGGRAVATED RAPE AS DEFINED IN SECTION 130.36, AGGRAVATED
2 CRIMINAL SEXUAL ACT AS DEFINED IN SECTION 130.51 OR COURSE OF SEXUAL
3 CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 130.75
4 OF THIS CHAPTER, THE COURT SHALL SENTENCE THE DEFENDANT TO LIFE IMPRI-
5 SONMENT WITHOUT PAROLE IN ACCORDANCE WITH SUBDIVISION FIVE OF SECTION
6 70.00 OF THIS TITLE. When a defendant is convicted of the crime of
7 terrorism as defined in section 490.25 of this chapter, and the speci-
8 fied offense the defendant committed is a class A-I felony offense, or
9 when a defendant is convicted of the crime of criminal possession of a
10 chemical weapon or biological weapon in the first degree as defined in
11 section 490.45 of this chapter, or when a defendant is convicted of the
12 crime of criminal use of a chemical weapon or biological weapon in the
13 first degree as defined in section 490.55 of this chapter, the court
14 shall sentence the defendant to life imprisonment without parole in
15 accordance with subdivision five of section 70.00 of this title;
16 provided, however, that nothing in this section shall preclude or
17 prevent a sentence of death when the defendant is also convicted of
18 murder in the first degree as defined in section 125.27 of this chapter.
19 When a defendant is convicted of aggravated murder as defined in subdi-
20 vision two of section 125.26 of this chapter, the court shall sentence
21 the defendant to life imprisonment without parole or to a term of impri-
22 sonment for a class A-I felony other than a sentence of life imprison-
23 ment without parole, in accordance with subdivisions one through three
24 of section 70.00 of this title.
25 S 2. Subdivision 5 of section 70.00 of the penal law, as amended by
26 chapter 482 of the laws of 2009, is amended to read as follows:
27 5. Life imprisonment without parole. Notwithstanding any other
28 provision of law, a defendant sentenced to life imprisonment without
29 parole shall not be or become eligible for parole or conditional
30 release. For purposes of commitment and custody, other than parole and
31 conditional release, such sentence shall be deemed to be an indetermi-
32 nate sentence. A defendant may be sentenced to life imprisonment with-
33 out parole upon conviction for the crime of murder in the first degree
34 as defined in section 125.27 of this chapter and in accordance with the
35 procedures provided by law for imposing a sentence for such crime. A
36 defendant must be sentenced to life imprisonment without parole upon
37 conviction for the crime of terrorism as defined in section 490.25 of
38 this chapter, where the specified offense the defendant committed is a
39 class A-I felony; the crime of criminal possession of a chemical weapon
40 or biological weapon in the first degree as defined in section 490.45 of
41 this chapter; or the crime of criminal use of a chemical weapon or
42 biological weapon in the first degree as defined in section 490.55 of
43 this chapter; provided, however, that nothing in this subdivision shall
44 preclude or prevent a sentence of death when the defendant is also
45 convicted of the crime of murder in the first degree as defined in
46 section 125.27 of this chapter. A defendant must be sentenced to life
47 imprisonment without parole upon conviction for the crime of murder in
48 the second degree as defined in subdivision five of section 125.25 of
49 this chapter or for the crime of aggravated murder as defined in subdi-
50 vision one of section 125.26 of this chapter. A defendant may be
51 sentenced to life imprisonment without parole upon conviction for the
52 crime of aggravated murder as defined in subdivision two of section
53 125.26 of this chapter. A DEFENDANT MUST BE SENTENCED TO LIFE IMPRISON-
54 MENT WITHOUT PAROLE UPON CONVICTION OF THE CRIME OF AGGRAVATED RAPE AS
55 DEFINED IN SECTION 130.36, OR AGGRAVATED CRIMINAL SEXUAL ACT AS DEFINED
56 IN SECTION 130.75 OF THIS CHAPTER.
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1 S 3. Section 130.30 of the penal law is REPEALED.
2 S 4. Section 130.35 of the penal law, as amended by chapter 1 of the
3 laws of 2000, is amended to read as follows:
4 S 130.35 Rape in the first degree.
5 A person is guilty of rape in the first degree when he or she engages
6 in sexual intercourse with another person:
7 1. By forcible compulsion; or
8 2. Who is incapable of consent by reason of being physically help-
9 less[; or
10 3. Who is less than eleven years old; or
11 4. Who is less than thirteen years old and the actor is eighteen years
12 old or more].
13 Rape in the first degree is a class B felony.
14 S 5. The penal law is amended by adding a new section 130.36 to read
15 as follows:
16 S 130.36 AGGRAVATED RAPE.
17 A PERSON IS GUILTY OF AGGRAVATED RAPE WHEN:
18 1. BEING EIGHTEEN YEARS OR MORE, HE OR SHE ENGAGES IN SEXUAL INTER-
19 COURSE WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD; OR
20 2. HE OR SHE ENGAGES IN SEXUAL INTERCOURSE WITH ANOTHER PERSON WHO IS
21 INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY DISABLED OR MENTALLY
22 INCAPACITATED; OR
23 3. HE OR SHE ENGAGES IN SEXUAL INTERCOURSE WITH ANOTHER PERSON WHO IS
24 LESS THAN THIRTEEN YEARS OLD.
25 IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE OFFENSE OF AGGRAVATED RAPE
26 AS DEFINED IN SUBDIVISION ONE OF THIS SECTION THAT THE DEFENDANT WAS
27 LESS THAN FOUR YEARS OLDER THAN THE VICTIM AT THE TIME OF THE OFFENSE.
28 AGGRAVATED RAPE IS A CLASS A-I FELONY.
29 S 6. Section 130.45 of the penal law is REPEALED.
30 S 7. Section 130.50 of the penal law, as amended by chapter 264 of the
31 laws of 2003, is amended to read as follows:
32 S 130.50 Criminal sexual act in the first degree.
33 A person is guilty of criminal sexual act in the first degree when he
34 or she engages in oral sexual conduct or anal sexual conduct with anoth-
35 er person:
36 1. By forcible compulsion; or
37 2. Who is incapable of consent by reason of being physically help-
38 less[; or
39 3. Who is less than eleven years old; or
40 4. Who is less than thirteen years old and the actor is eighteen years
41 old or more].
42 Criminal sexual act in the first degree is a class B felony.
43 S 8. The penal law is amended by adding a new section 130.51 to read
44 as follows:
45 S 130.51 AGGRAVATED CRIMINAL SEXUAL ACT.
46 A PERSON IS GUILTY OF AGGRAVATED CRIMINAL SEXUAL ACT WHEN:
47 1. BEING EIGHTEEN YEARS OR MORE, HE OR SHE ENGAGES IN ORAL SEXUAL
48 CONDUCT OR ANAL SEXUAL CONDUCT WITH ANOTHER PERSON LESS THAN FIFTEEN
49 YEARS OLD; OR
50 2. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
51 WITH ANOTHER PERSON WHO IS INCAPABLE OF CONSENT BY REASON OF BEING
52 MENTALLY DISABLED OR MENTALLY INCAPACITATED; OR
53 3. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT
54 WITH ANOTHER PERSON WHO IS LESS THAN THIRTEEN YEARS OLD.
55 IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE OFFENSE OF AGGRAVATED CRIMI-
56 NAL SEXUAL ACT AS DEFINED IN SUBDIVISION ONE OF THIS SECTION THAT THE
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1 DEFENDANT WAS LESS THAN FOUR YEARS OLDER THAN THE VICTIM AT THE TIME OF
2 THE OFFENSE.
3 AGGRAVATED CRIMINAL SEXUAL ACT IS A CLASS A-I FELONY.
4 S 9. The closing paragraph of section 130.75 of the penal law, as
5 amended by chapter 1 of the laws of 2000, is amended to read as follows:
6 Course of sexual conduct against a child in the first degree is a
7 class [B] A-I felony.
8 S 10. Section 130.96 of the penal law is REPEALED.
9 S 11. This act shall take effect on the first of November next
10 succeeding the date on which it shall have become a law and shall apply
11 to offenses committed on or after such effective date.
