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Sponsors
19 Co-sponsors
- James S. Alesi
- John A. DeFrancisco
- Hugh T. Farley
- John J. Flanagan
- Charles J. Fuschillo Jr.
- Martin J. Golden
- Joseph A. Griffo
- Kemp Hannon
- Andrew J. Lanza
- Vincent L. Leibell
- Tom Libous
- Betty Little
- Carl L. Marcellino
- George D. Maziarz
- Thomas P. Morahan
- Michael H. Ranzenhofer
- Stephen M. Saland
- Dale M. Volker
- George Winner
History
- Referred to codes
- 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.
Requires that persons convicted of rape in the first degree against different victims or the same victim serve sentence consecutively
In Assembly Committee · Codes · Sponsor Rhoda Jacobs
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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 by mandating consecutive sentences for each act of first-degree rape.
Summary of provisions
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.
Justification
The crime of first-degree rape, one of horrifying sexual violence, is often repetitive either against the same victim, or against several victims. Victims may be abducted and held, and repeatedly raped over the course of hours or even days. Such sexual predators terrorize entire communities.
Under current law, it is possible for a judge to issue concurrent sentences for multiple counts arising from separate and distinct acts of rape. For instances of rape it is customary to charge each act as a separate count, even when 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. Present law provides that the sentence for the offense of rape in the first-degree is to be a determinant sentence of between five and twenty-five years. Therefore, it is conceivable that a person convicted of a series of rapes against different persons could receive a sentence of as little as five years.
This legislation would require that the sentences on each count run consecutively with regard to any convictions for rape in the first degree to ensure that no rape goes unpunished. Each separate and distinct act of rape in the first degree will be specifically and separately punished.
Legislative history
2007/2008 - S.2086/A.2246 - Passed Senate Non-Controversial/ Assembly Codes 2006 - S.1150-B - Passed Senate 2006 - S.1150-A - Passed Senate 2003/2004 - S.1055 - Passed Senate 2002 - S.685 - Codes Committee 2001 - S.685 - Passed Senate 2000 - S.7515 - Passed Senate
Fiscal implications
None.
Effective date
This act shall take effect on the 1st of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.