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A449Assembly2009-2010 SessionSame asS1487

Requires that persons convicted of rape in the first degree against different victims or the same victim serve sentence consecutively

Sponsor Rhoda JacobsAD-42Affects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Sponsors

Primary sponsor
Rhoda Jacobs

Assembly Member · Assembly District 42

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S1487Senate

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.