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History
- Referred to codes
- Referred to codes
Companion bill
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Requires that persons convicted of rape in the first degree against different victims or the same victim serve sentence consecutively
In Senate Committee · Codes · Sponsor Dean G. Skelos
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A449
Title of bill
An act to amend the penal law, in relation to concurrent and consecutive terms of imprisonment
Purpose
To punish repeat sexual offenders mandating consecutive sentences for any act of first-degree rape.
Summary of provision
Adds a new subdivision 2-h to section 70.25 of the Penal Law requiring the courts, to impose consecutive sentences for each act of first degree rape.
Existing law
Does not mandate consecutive sentences.
Justification
The crime of first degree rape, one of horrifying sexual violence, is often repetitive either against the same victim, or against several victims. Such sexual predators terrorize entire communities. Victims also may be held or abducted, and repeatedly raped over the course of hours or even days.
Under current law, it is possible for a judge to issue concurrent sentences for multiple counts arising from separate and distinct acts of rape. In a rape it is customary to charge each sex act as a separate count, even where the charge arises from a single incident against one victim. Far too often, however, criminals convicted of multiple counts of rape in the first-degree are sentenced to terms of imprisonment running concurrently to one another. As a consequence of the sentencing provisions in the Penal Law, which allow great latitude in sentencing for rape in the first degree, it is conceivable that a person convicted of a series of rapes against different persons could receive a sentence of 3 to 6 years, the minimum sentence for a Class B violent felony. The maximum sentence is 12.5 to 25 years.
Under the present law, it is possible that a rapist could be judge guil- ty to multiple counts of rape in the first degree and receive a sentence on each count of 3 to 6 years. Because the sentence on each count can run concurrently this rapist could be out of jail in as little as three years; This legislation would require that the sentences on each count run consecutively with regard to any convictions for rape in the first- degree.
Current law does not mandate consecutive sentences for each rape conviction. This bill removes the discretion from the sentencing judge in order to ensure that no rape goes unpunished. Each separate and distinct act of rape in the first-degree will be specifically and sepa- rately punished.
Legislative history
2007-2008 - A.2246, held for consideration in Codes 2005-2006 A2125 - referred to Codes 2003-2004 A. 1999 - referred to Codes 2001-2002 A. 825 - referred to Codes
1999-2000 A.11014 - referred to Codes
Fiscal implication
None.
Effective date
This act shall take effect on the first day of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.