What's happening
This bill allows consecutive prison sentences for certain felony convictions, and mandates them for specific sex offenses against children.
Why it matters
Increases prosecutorial and judicial discretion. by allowing, rather than requiring, consecutive prison sentences for most situations where someone is convicted of multiple felonies in the same incident—broadening the potential for longer overall sentences beyond what current law allows.
Mandates consecutive sentences for especially serious crimes. , specifically for multiple convictions related to child sexual abuse and certain aggravated sex offenses (citing specific sections of the penal law), ensuring that prison terms for these convictions cannot be served at the same time.
Signals a legislative shift towards harsher penalties. for repeat or multiple offenders, particularly in cases involving sexual crimes against children, which may impact plea bargaining, sentencing negotiations, and the deterrent effect for these crimes.
Could significantly increase the length of incarceration. for those convicted under the specified offenses, affecting prison populations, parole eligibility, and the broader criminal justice system’s approach to handling severe and repeat felony conduct.
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Who cares
Headline styles
Consecutive Sentences for Sex Crimes
Plain English, a few words. Used as the page title.
Sponsors
History
- Recommitted to rules
- Ordered to third reading cal.1882
- Committee discharged and committed to rules
- 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.
Require Consecutive Sex Crime Sentences
In Assembly Committee · Codes · Sponsor Fred Thiele
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8604
IN SENATE
May 10, 2018
Introduced by Sen. SERINO -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to consec- utive sentencing for certain convictions
Purpose
To allow for consecutive sentencing for certain convictions.
Summary of provisions
Section 1: Allows for consecutive sentencing when a defendant is found guilty of two or more felony counts, including felony sex offenses and sex trafficking, and requires that consecutive sentencing be applied when found guilty of two or more counts of sex crimes against a minor.
Section 2: Establishes the effective date.
Justification
Sex crimes are some of the most heinous crimes conceivable, particularly those perpetrated against a child. Unfortunately, some serial predators can skirt facing justice for each of their crimes due to concurrent sentences, which allow them to serve time in prison for multiple crimes at the same time, rather than serving the sentences consecutively.
Sex traffickers often commit a litany of sex crimes in their illicit line of work, oftentimes sexually abusing the victim themselves. Recent reports indicate that sex trafficking crimes in NYC especially are on a significant upswing. A recent series by the NY Post indicated that in 2017, the NYPD saved one person per week while working 265 sex traffick- ing cases resulting in the arrests of 228 pimps-a number of cases that doubled compared to the prior year. The National Human Trafficking Hotline collects data on the cases they receive, and in each year since 2014, the hotline has reported more than 200 cases of sex trafficking in New York State.
The psychological, emotional and physical effects of sexual violence are witnessed all too well-depression, flashbacks and even post-traumatic stress disorder. As cruel as committing a single sex crime is, it is unconscionable to suggest that any additional sex crimes committed should have virtually no practical impact on the punishment of a preda- tor by virtue of requiring that sentences be served concurrently. This legislation would fix this issue by allowing judges the discretion to order sentences be served consecutively in cases of certain felonies and felony sex offenses, as well as sex trafficking, and requiring sentences be served consecutively for certain sex crimes committed against chil- dren.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect on the first 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.