STATE OF NEW YORK
________________________________________________________________________
8443--A
2017-2018 Regular Sessions
IN ASSEMBLY
June 16, 2017
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Codes -- recommitted to the Committee on Codes in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 Assem-bly, do enact as follows:
1 Section 1. The closing paragraph of section 130.35 of the penal law,
2 as amended by chapter 1 of the laws of 2000, is amended to read as
3 follows:
4 Rape in the first degree is a class [B] A-I felony.
5 § 2. Subdivision 5 of section 70.00 of the penal law, as amended by
6 chapter 482 of the laws of 2009, is amended to read as follows:
7 5. Life imprisonment without parole. Notwithstanding any other
8 provision of law, a defendant sentenced to life imprisonment without
9 parole shall not be or become eligible for parole or conditional
10 release. For purposes of commitment and custody, other than parole and
11 conditional release, such sentence shall be deemed to be an indetermi-
12 nate sentence. A defendant may be sentenced to life imprisonment with-
13 out parole upon conviction for the crime of murder in the first degree
14 as defined in section 125.27 of this chapter and in accordance with the
15 procedures provided by law for imposing a sentence for such crime. A
16 defendant must be sentenced to life imprisonment without parole upon
17 conviction for the crime of terrorism as defined in section 490.25 of
18 this chapter, where the specified offense the defendant committed is a
19 class A-I felony; the crime of criminal possession of a chemical weapon
20 or biological weapon in the first degree as defined in section 490.45 of
21 this chapter; or the crime of criminal use of a chemical weapon or
22 biological weapon in the first degree as defined in section 490.55 of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11642-03-8
A. 8443--A 2
1 this chapter; provided, however, that nothing in this subdivision shall
2 preclude or prevent a sentence of death when the defendant is also
3 convicted of the crime of murder in the first degree as defined in
4 section 125.27 of this chapter. A defendant must be sentenced to life
5 imprisonment without parole upon conviction for the crime of murder in
6 the second degree as defined in subdivision five of section 125.25 of
7 this chapter [or], for the crime of aggravated murder as defined in
8 subdivision one of section 125.26 of this chapter or the crime of rape
9 in the first degree as defined in section 130.35 of this chapter. A
10 defendant may be sentenced to life imprisonment without parole upon
11 conviction for the crime of aggravated murder as defined in subdivision
12 two of section 125.26 of this chapter.
13 § 3. Subdivision 5 of section 70.00 of the penal law, as amended by
14 section 40-a of part WWW of chapter 59 of the laws of 2017, is amended
15 to read as follows:
16 5. Life imprisonment without parole. Notwithstanding any other
17 provision of law, a defendant sentenced to life imprisonment without
18 parole shall not be or become eligible for parole or conditional
19 release. For purposes of commitment and custody, other than parole and
20 conditional release, such sentence shall be deemed to be an indetermi-
21 nate sentence. A defendant may be sentenced to life imprisonment without
22 parole upon conviction for the crime of murder in the first degree as
23 defined in section 125.27 of this chapter and in accordance with the
24 procedures provided by law for imposing a sentence for such crime. A
25 defendant who was eighteen years of age or older at the time of the
26 commission of the crime must be sentenced to life imprisonment without
27 parole upon conviction for the crime of terrorism as defined in section
28 490.25 of this chapter, where the specified offense the defendant
29 committed is a class A-I felony; the crime of criminal possession of a
30 chemical weapon or biological weapon in the first degree as defined in
31 section 490.45 of this chapter; or the crime of criminal use of a chemi-
32 cal weapon or biological weapon in the first degree as defined in
33 section 490.55 of this chapter; provided, however, that nothing in this
34 subdivision shall preclude or prevent a sentence of death when the
35 defendant is also convicted of the crime of murder in the first degree
36 as defined in section 125.27 of this chapter. A defendant who was seven-
37 teen years of age or younger at the time of the commission of the crime
38 may be sentenced, in accordance with law, to the applicable indetermi-
39 nate sentence with a maximum term of life imprisonment. A defendant must
40 be sentenced to life imprisonment without parole upon conviction for the
41 crime of murder in the second degree as defined in subdivision five of
42 section 125.25 of this chapter [or], for the crime of aggravated murder
43 as defined in subdivision one of section 125.26 of this chapter or for
44 the crime of rape in the first degree as defined in section 130.35 of
45 this chapter. A defendant may be sentenced to life imprisonment without
46 parole upon conviction for the crime of aggravated murder as defined in
47 subdivision two of section 125.26 of this chapter.
48 § 4. This act shall take effect on the first of November next succeed-
49 ing the date on which it shall have become a law; provided, however,
50 that if section 40-a of part WWW of chapter 59 of the laws of 2017 shall
51 not have taken effect on or before such date then section three of this
52 act shall take effect on the same date and in the same manner as such
53 section of such chapter of the laws of 2017 takes effect.