What's happening
The bill mandates consecutive sentencing for multiple convictions of certain sex offenses, especially crimes involving child sexual abuse.
Why it matters
Increases Punishment Certainty for Serious Sex Crimes. By requiring consecutive sentences for multiple convictions of specific sex offenses—especially those involving children—this law ensures that offenders serve the full time for each crime, rather than overlapping terms, which could mean significantly longer periods of incarceration.
Targets Repeat and Multi-Count Offenders. The bill applies not only to those convicted in a single case, but also to individuals with previous convictions for these offenses, addressing concerns about recidivism and persistent sexual offenders.
Narrows Judicial Discretion. For the most severe offenses listed (including child sexual performance offenses and aggravated sexual abuse), judges would be required by law to impose consecutive sentences, limiting their ability to consider mitigating circumstances for concurrent sentencing in these cases.
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Require Consecutive Sex Crime Sentences
Plain English, a few words. Used as the page title.
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History
- 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.
Consecutive Sentences for Sex Crimes
In Senate Committee · Rules · Sponsor Susan Serino
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10960
IN ASSEMBLY
May 29, 2018
Introduced by M. of A. THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to consecutive sentencing for certain convictions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 70.25 of the penal law, as amended by chapter 56 of the laws of 1984, is amended to read as follows:
2. When more than one sentence of imprisonment is imposed on a person for two or more offenses committed through a single act or omission, or through an act or omission which in itself constituted one of the offenses and also was a material element of the other, the sentences, except if one or more of such sentences is for a violation of section 270.20 of this chapter, must run concurrently. Consecutive sentencing may be applied when a defendant is found guilty of two or more felony counts, including but not limited to previous felony convictions of article one hundred thirty of this chapter or section 230.34 of this chapter, except consecutive sentencing shall be applied when a defendant is found guilty, or has been previously convicted, of two or more counts of article two hundred sixty-three of this chapter or section 130.75, 130.80, 130.95, or 130.96 of this chapter.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15787-01-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.