BILL NO A02649
SAME AS SAME AS S01826
SPONSOR Jacobs
COSPNSR
MLTSPNSR
Amd S70.25, Pen L
Requires that persons convicted of multiple counts of rape in the first degree
against different victims or the same victim, must serve the sentence for such
convictions, and consecutive to any other undischarged term of imprisonment to
which the defendant was subject and for which he may be confined at the time of
sentencing.
S T A T E O F N E W Y O R K
________________________________________________________________________
2649
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
___________
Introduced by M. of A. JACOBS -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to concurrent and consecutive
terms of imprisonment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 70.25 of the penal law is amended by adding a new
2 subdivision 2-h to read as follows:
3 2-H. WHENEVER A PERSON IS CONVICTED OF TWO OR MORE COUNTS OF RAPE IN
4 THE FIRST DEGREE AS DEFINED IN SECTION 130.35 OF THIS CHAPTER, COMMITTED
5 AGAINST DIFFERENT VICTIMS OR THE SAME VICTIM, IN SEPARATE AND DISTINCT
6 SEXUAL ACTS, THEN ANY TERMS OF IMPRISONMENT WHICH MAY BE IMPOSED AS A
7 SENTENCE UPON SUCH CONVICTIONS SHALL RUN CONSECUTIVELY TO EACH OTHER AND
8 TO ANY OTHER UNDISCHARGED TERM OF IMPRISONMENT TO WHICH THE DEFENDANT
9 WAS SUBJECT AND FOR WHICH HE OR SHE MAY BE CONFINED AT THE TIME OF
10 SENTENCING.
11 S 2. This act shall take effect on the first of November next succeed-
12 ing 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.
LBD04271-01-1
