NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4286
SPONSOR: Lemondes TITLE OF BILL:
An act to amend the penal law, in relation to increasing the penalty for
rape in the first degree
PURPOSE OR GENERAL IDEA OF BILL:
Amends the penal law to increase the penalty for rape in the first
degree from a class IV felony to a class 'A-11' felony.
SUMMARY OF PROVISIONS:
Section 1 amends the penal code to increase the penalty for rape.
Section 2 provides the effective date.
JUSTIFICATION:
First-degree rape is one of the most heinous crimes an individual can
commit and must be punished accordingly. Under current law, the court
system is given too much leeway in determining the penalty for a
convicted first-degree rapist. The legislation would mandate that every
conviction incur a sentence of a minimum of ten years.
PRIOR LEGISLATIVE HISTORY:
02/19/21referred to codes
01/05/22referred to codes
05/03/22held for consideration in codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
4286
2023-2024 Regular Sessions
IN ASSEMBLY
February 14, 2023
___________
Introduced by M. of A. LEMONDES -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to increasing the penalty for
rape in the first degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 130.35 of the penal law, as amended by chapter 1 of
2 the laws of 2000, is amended to read as follows:
3 § 130.35 Rape in the first degree.
4 A person is guilty of rape in the first degree when he or she engages
5 in sexual intercourse with another person:
6 1. By forcible compulsion; or
7 2. Who is incapable of consent by reason of being physically helpless;
8 or
9 3. Who is less than eleven years old; or
10 4. Who is less than thirteen years old and the actor is eighteen years
11 old or more.
12 Rape in the first degree is a class [B] A-II felony.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01215-01-3
