What's happening
This bill allows judges to sentence certain felony sex crime offenders to life imprisonment with or without parole.
Why it matters
Expands judicial discretion. By giving judges the option to impose life imprisonment (with or without parole) for certain severe felony sex crimes, the bill increases the range of sentencing options available, potentially leading to harsher penalties in the most egregious cases.
Targets specific offenses. The legislation specifically applies to crimes such as predatory sexual assault, predatory sexual assault against a child, first-degree rape, first-degree criminal sexual act, aggravated sexual abuse, course of sexual conduct against a child, and first-degree incest—highlighting a legislative focus on the most serious sexual offenses.
Potential deterrence and public safety impact. Supporters may argue that the possibility of life sentences could serve as a stronger deterrent to would-be offenders and offer greater protection to the public, especially children and vulnerable individuals.
Raises questions about sentencing equity. Granting judges wide discretion could lead to inconsistencies in sentencing, potentially raising concerns about fairness, proportionality, and the factors that influence whether parole is offered.
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Who cares
Criminal court judges
The bill would give sentencing judges the option of imposing life imprisonment with or without parole for seven specified sex offenses.
People convicted of covered sex offenses
Those convicted of predatory sexual assault, predatory sexual assault against a child, or the five listed class B offenses would face the possibility of life imprisonment without parole.
Prosecutors and criminal defense attorneys
The bill would expand sentencing options for covered offenses and remove the 25-year cap on the minimum prison term for the two predatory sexual assault offenses.
Sexual assault survivors and child protection advocates
The bill would authorize life sentences with or without parole for offenses including first-degree rape, first-degree course of sexual conduct against a child and first-degree incest.
Headline styles
Let Judges Give Life Sentences
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3073
2017-2018 Regular Sessions
IN ASSEMBLY
January 26, 2017
Introduced by M. of A. BARNWELL, KIM -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to allowing judges to impose a sentence of imprisonment with or without parole for certain felony offenses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (ii) of paragraph (a) of subdivision 3 of section 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, is amended to read as follows:
(ii) For a class A-II felony, such minimum period shall not be less than three years nor more than eight years four months, except that for the class A-II felony of predatory sexual assault as defined in section 130.95 of this chapter or the class A-II felony of predatory sexual assault against a child as defined in section 130.96 of this chapter, such minimum period shall be not less than ten years [nor more than twenty-five years]. At sentencing, the presiding judge shall have the option of imposing a sentence of life imprisonment with or without parole if the defendant is found guilty of violating sections 130.95 or 130.96 of this chapter.
§ 2. Paragraph (a) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08027-01-7
A. 3073 2
first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, sex trafficking as defined in paragraphs (a) and (b) of subdivision five of section 230.34, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first degree as defined in section 265.04, criminal use of a firearm in the first degree as defined in section 265.09, criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a police officer or a peace officer as defined in section 120.11, gang assault in the first degree as defined in section 120.07, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47. For those felony offenses defined in sections 130.35, 130.50, 130.70, 130.75 and 255.27 of this article, at sentencing, the presiding judge shall have the option of imposing a sentence of life imprisonment with or without parole.
§ 3. This act shall take effect immediately.
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.