New York S 5573: Provides that rape in the first degree shall be a class A-I felony

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S05573 Summary:

BILL NOS05573 

&nbsp

SAME ASNo Same As

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SPONSORLANZA

&nbsp

COSPNSRMURRAY, OBERACKER

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MLTSPNSR

&nbsp

Amd §§130.35 & 70.00, Pen L

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Provides that rape in the first degree shall be a class A-I felony and shall be punishable by life imprisonment without parole.

Go to top S05573 Actions:

BILL NOS05573 

&nbsp

02/25/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05573 Committee&nbspVotes:

Go to topS05573 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05573 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5573

 2025-2026 Regular Sessions

 IN SENATE

 February 25, 2025
 ___________

 Introduced by Sens. LANZA, MURRAY, OBERACKER -- 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 777 of the laws of 2023, 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 section 40-a of part WWW of chapter 59 of the laws of 2017, is amended
 7 to read as follows:
 8 5. Life imprisonment without parole. Notwithstanding any other
 9 provision of law, a defendant sentenced to life imprisonment without
 10 parole shall not be or become eligible for parole or conditional
 11 release. For purposes of commitment and custody, other than parole and
 12 conditional release, such sentence shall be deemed to be an indetermi-
 13 nate sentence. A defendant may be sentenced to life imprisonment without
 14 parole upon conviction for the crime of murder in the first degree as
 15 defined in section 125.27 of this chapter and in accordance with the
 16 procedures provided by law for imposing a sentence for such crime. A
 17 defendant who was eighteen years of age or older at the time of the
 18 commission of the crime must be sentenced to life imprisonment without
 19 parole upon conviction for the crime of terrorism as defined in section
 20 490.25 of this chapter, where the specified offense the defendant
 21 committed is a class A-I felony; the crime of criminal possession of a
 22 chemical weapon or biological weapon in the first degree as defined in
 23 section 490.45 of this chapter; or the crime of criminal use of a chemi-
 24 cal 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.
 LBD09501-01-5

 S. 5573 2

 1 section 490.55 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 who was seven-
 5 teen years of age or younger at the time of the commission of the crime
 6 may be sentenced, in accordance with law, to the applicable indetermi-
 7 nate sentence with a maximum term of life imprisonment. A defendant must
 8 be sentenced to life imprisonment without parole upon conviction for the
 9 crime of murder in the second degree as defined in subdivision five of
 10 section 125.25 of this chapter [or], for the crime of aggravated murder
 11 as defined in subdivision one of section 125.26 of this chapter or for
 12 the crime of rape in the first degree as defined in section 130.35 of
 13 this chapter. A defendant may be sentenced to life imprisonment without
 14 parole upon conviction for the crime of aggravated murder as defined in
 15 subdivision two of section 125.26 of this chapter.
 16 § 3. This act shall take effect on the first of November next succeed-
 17 ing the date on which it shall have become a law.

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