Bill Text: NY S06152 | 2017-2018 | General Assembly | Amended
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 1-0)
Status: (Introduced - Dead) 2018-02-14 - PRINT NUMBER 6152A [S06152 Detail]
Download: New_York-2017-S06152-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6152--A 2017-2018 Regular Sessions IN SENATE 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 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 § 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. LBD11643-02-8S. 6152--A 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 § 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, aggravated criminal sexual act as defined inS. 6152--A 3 1 section 130.51, or course of sexual conduct against a child in the first 2 degree as defined in section 130.75 of this chapter. 3 § 3. Subdivision 5 of section 70.00 of the penal law, as amended by 4 section 40-a of part WWW of chapter 59 of the laws of 2017, is amended 5 to read as follows: 6 5. Life imprisonment without parole. Notwithstanding any other 7 provision of law, a defendant sentenced to life imprisonment without 8 parole shall not be or become eligible for parole or conditional 9 release. For purposes of commitment and custody, other than parole and 10 conditional release, such sentence shall be deemed to be an indetermi- 11 nate sentence. A defendant may be sentenced to life imprisonment without 12 parole upon conviction for the crime of murder in the first degree as 13 defined in section 125.27 of this chapter and in accordance with the 14 procedures provided by law for imposing a sentence for such crime. A 15 defendant who was eighteen years of age or older at the time of the 16 commission of the crime must be sentenced to life imprisonment without 17 parole upon conviction for the crime of terrorism as defined in section 18 490.25 of this chapter, where the specified offense the defendant 19 committed is a class A-I felony; the crime of criminal possession of a 20 chemical weapon or biological weapon in the first degree as defined in 21 section 490.45 of this chapter; or the crime of criminal use of a chemi- 22 cal weapon or biological weapon in the first degree as defined in 23 section 490.55 of this chapter; provided, however, that nothing in this 24 subdivision shall preclude or prevent a sentence of death when the 25 defendant is also convicted of the crime of murder in the first degree 26 as defined in section 125.27 of this chapter. A defendant who was seven- 27 teen years of age or younger at the time of the commission of the crime 28 may be sentenced, in accordance with law, to the applicable indetermi- 29 nate sentence with a maximum term of life imprisonment. A defendant must 30 be sentenced to life imprisonment without parole upon conviction for the 31 crime of murder in the second degree as defined in subdivision five of 32 section 125.25 of this chapter or for the crime of aggravated murder as 33 defined in subdivision one of section 125.26 of this chapter. A defend- 34 ant may be sentenced to life imprisonment without parole upon conviction 35 for the crime of aggravated murder as defined in subdivision two of 36 section 125.26 of this chapter. A defendant must be sentenced to life 37 imprisonment without parole upon conviction of the crime of aggravated 38 rape as defined in section 130.36, aggravated criminal sexual act as 39 defined in section 130.51, or course of sexual conduct against a child 40 in the first degree as defined in section 130.75 of this chapter. 41 § 4. Section 130.30 of the penal law is REPEALED. 42 § 5. Section 130.35 of the penal law, as amended by chapter 1 of the 43 laws of 2000, is amended to read as follows: 44 § 130.35 Rape in the first degree. 45 A person is guilty of rape in the first degree when he or she engages 46 in sexual intercourse with another person: 47 1. By forcible compulsion; or 48 2. Who is incapable of consent by reason of being physically help- 49 less[; or503. Who is less than eleven years old; or514. Who is less than thirteen years old and the actor is eighteen years52old or more]. 53 Rape in the first degree is a class B felony. 54 § 6. The penal law is amended by adding a new section 130.36 to read 55 as follows: 56 § 130.36 Aggravated rape.S. 6152--A 4 1 A person is guilty of aggravated rape when: 2 1. being eighteen years or more, he or she engages in sexual inter- 3 course with another person less than fifteen years old; or 4 2. he or she engages in sexual intercourse with another person who is 5 incapable of consent by reason of being mentally disabled or mentally 6 incapacitated; or 7 3. he or she engages in sexual intercourse with another person who is 8 less than thirteen years old. 9 It shall be an affirmative defense to the offense of aggravated rape 10 as defined in subdivision one of this section that the defendant was 11 less than four years older than the victim at the time of the offense. 12 Aggravated rape is a class A-I felony. 13 § 7. Section 130.45 of the penal law is REPEALED. 14 § 8. Section 130.50 of the penal law, as amended by chapter 264 of the 15 laws of 2003, is amended to read as follows: 16 § 130.50 Criminal sexual act in the first degree. 17 A person is guilty of criminal sexual act in the first degree when he 18 or she engages in oral sexual conduct or anal sexual conduct with anoth- 19 er person: 20 1. By forcible compulsion; or 21 2. Who is incapable of consent by reason of being physically help- 22 less[; or233. Who is less than eleven years old; or244. Who is less than thirteen years old and the actor is eighteen years25old or more]. 26 Criminal sexual act in the first degree is a class B felony. 27 § 9. The penal law is amended by adding a new section 130.51 to read 28 as follows: 29 § 130.51 Aggravated criminal sexual act. 30 A person is guilty of aggravated criminal sexual act when: 31 1. being eighteen years or more, he or she engages in oral sexual 32 conduct or anal sexual conduct with another person less than fifteen 33 years old; or 34 2. he or she engages in oral sexual conduct or anal sexual conduct 35 with another person who is incapable of consent by reason of being 36 mentally disabled or mentally incapacitated; or 37 3. he or she engages in oral sexual conduct or anal sexual conduct 38 with another person who is less than thirteen years old. 39 It shall be an affirmative defense to the offense of aggravated crimi- 40 nal sexual act as defined in subdivision one of this section that the 41 defendant was less than four years older than the victim at the time of 42 the offense. 43 Aggravated criminal sexual act is a class A-I felony. 44 § 10. The closing paragraph of section 130.75 of the penal law, as 45 amended by chapter 1 of the laws of 2000, is amended to read as follows: 46 Course of sexual conduct against a child in the first degree is a 47 class [B] A-I felony. 48 § 11. Section 130.96 of the penal law is REPEALED. 49 § 12. This act shall take effect on the first of November next 50 succeeding the date on which it shall have become a law and shall apply 51 to offenses committed on or after such effective date; provided, howev- 52 er, that if section 40-a of part WWW of chapter 59 of the laws of 2017 53 shall not have taken effect on or before such date, then section three 54 of this act shall take effect on the same date and in the same manner as 55 such section of such part of such chapter of the laws of 2017 takes 56 effect.
