Bill Text: NY S07630 | 2019-2020 | General Assembly | Amended

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-02-21 - PRINT NUMBER 7630A [S07630 Detail]

Download: New_York-2019-S07630-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7630--A

                    IN SENATE

                                    February 3, 2020
                                       ___________

        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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.
                                                                   LBD15061-02-0
        S. 7630--A                          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.