STATE OF NEW YORK
________________________________________________________________________
479
2009-2010 Regular Sessions
IN SENATE(Prefiled)
January 7, 2009
___________
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 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 765 of the laws of 2005, 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
23 this chapter or the crime of rape in the first degree as defined in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02991-01-9
S. 479 2
1 section 130.35 of this chapter; provided, however, that nothing in this
2 subdivision shall preclude or prevent a sentence of death when the
3 defendant is also convicted of the crime of murder in the first degree
4 as defined in section 125.27 of this chapter. A defendant must be
5 sentenced to life imprisonment without parole upon conviction for the
6 crime of murder in the second degree as defined in subdivision five of
7 section 125.25 of this chapter or for the crime of aggravated murder as
8 defined in section 125.26 of this chapter.
9 § 3. This act shall take effect on the first of November next succeed-
10 ing the date on which it shall have become a law.
