What's happening
This bill makes first-degree rape a class A-I felony punishable by life imprisonment without parole in New York.
Why it matters
Significantly increases the penalty for first-degree rape. , placing it alongside the most serious crimes like first-degree murder and aggravated murder, reflecting a shift in how the legal system prioritizes punishment for sexual violence.
Removes the possibility of parole for those convicted of first-degree rape. , meaning individuals found guilty would spend the rest of their lives in prison without any chance of early release, regardless of rehabilitation or conduct in prison.
May impact plea bargaining and trial strategies. for both prosecutors and defense attorneys, as the stakes for conviction are much higher, potentially leading to more cases going to trial or affecting the willingness of defendants to accept plea deals.
Signals a societal and legislative response to public concern about sexual violence. , possibly aiming to deter such crimes through harsher sentencing and to communicate strong support for victims’ rights and safety.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Toughen Rape Sentencing Laws
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1784
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
Introduced by Sen. LANZA -- 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 making rape in the first degree a class A-I felony with a penalty of life imprisonment without parole
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The closing paragraph of section 130.35 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows:
Rape in the first degree is a class [B] A-I felony.
§ 2. Subdivision 5 of section 70.00 of the penal law, as amended by section 40-a of part WWW of chapter 59 of the laws of 2017, is amended to read as follows:
5. Life imprisonment without parole. Notwithstanding any other provision of law, a defendant sentenced to life imprisonment without parole shall not be or become eligible for parole or conditional release. For purposes of commitment and custody, other than parole and conditional release, such sentence shall be deemed to be an indeterminate sentence. A defendant may be sentenced to life imprisonment without parole upon conviction for the crime of murder in the first degree as defined in section 125.27 of this chapter and in accordance with the procedures provided by law for imposing a sentence for such crime. A defendant who was eighteen years of age or older at the time of the commission of the crime must be sentenced to life imprisonment without parole upon conviction for the crime of terrorism as defined in section 490.25 of this chapter, where the specified offense the defendant committed is a class A-I felony; the crime of criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of this chapter; or the crime of criminal use of a chemical weapon or biological weapon in the first degree as defined in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06651-01-9
S. 1784 2
section 490.55 of this chapter; provided, however, that nothing in this subdivision shall preclude or prevent a sentence of death when the defendant is also convicted of the crime of murder in the first degree as defined in section 125.27 of this chapter. A defendant who was seventeen years of age or younger at the time of the commission of the crime may be sentenced, in accordance with law, to the applicable indeterminate sentence with a maximum term of life imprisonment. A defendant must be sentenced to life imprisonment without parole upon conviction for the crime of murder in the second degree as defined in subdivision five of section 125.25 of this chapter [or], for the crime of aggravated murder as defined in subdivision one of section 125.26 of this chapter or for the crime of rape in the first degree as defined in section 130.35 of this chapter. A defendant may be sentenced to life imprisonment without parole upon conviction for the crime of aggravated murder as defined in subdivision two of section 125.26 of this chapter.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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 making rape in the first degree a class A-I felony with a penalty of life imprisonment without parole
Purpose
Provides that rape in the first degree shall be a class A-I felony and shall be punishable by life in prison without parole.
Summary of provisions
Section 1 amends the closing paragraph of section 130.35 of the penal law, as amended by chapter 1 of the laws of 2000.
Section 2 amends subdivision 5 of section 70.00 of the penal law to make defendants sentenced to life imprisonment without parole not eligible for parole or conditional release.
Section 3 deems this act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Justification
In numerous instances, including a 2008 attack and rape of a NYC woman, have made it evident that harsher punishments are necessary for individ- uals who are guilty of rape. A Columbia Graduate student who endured over nineteen hours of both rape and torture exemplifies why the penal law should be amended to mandate that individuals guilty of rape in the first degree, shall be guilty of a class A-I felony. Individuals who partake in a heinous crime such as rape, should be forced to serve the maximum sentence, without the option of parole, due to the risk that they may rape again or commit another horrific act. A one time offense of this severity is more than enough reason to increase penalties and keep perpetrators safely behind bars and away from the public.
Legislative history
2018: S.6151-A - Referred to Codes/A.8443-A - Referred to Codes 2017: S.6151 - Referred to Codes/A.8443Referred to Codes 2016: S.4504 - Referred to Codes 2015: S.4504 - Passed Senate 2014: S.2144 - Referred to Codes/A.7422Referred to Codes 2013: S.2144 - Referred to Codes/A.7422Referred to Codes 2012: S.3543 - Referred to Codes/A.7353Referred to Codes 2011: S.3543 - Referred to Codes/A.7353Referred to Codes 2010: S.479 - Referred to Codes/A.7402 -Referred to Codes 2009: S.479 - Referred to Codes/A.7402 -Referred to Codes 2008: S.5709 - Referred to Codes/A.8597- Referred to Codes
Fiscal implications
None.
Effective date
The first 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.