NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4118
SPONSOR: Buttenschon
 
TITLE OF BILL:
An act to amend the penal law, in relation to establishing the offense
of aggravated rape and criminal sentencing for defendants convicted of
certain sexual offenses
 
PURPOSE:
The purpose of this bill is to create an indefinite sentence for indi-
viduals convicted of certain sexual offenses.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill sets forth the title.
Section 2 creates a new section of the penal law establishing the crime
of "aggravated rape."
Section 3 of the penal law adds a new subsection of the penal law
setting forth the punishment for certain sexual offenders.
Section 4 establishes the effective date.
 
JUSTIFICATION:
In 1998, Kimberlee Morton, then a resident of Tennessee, was brutally
raped and beaten by her neighbor, Carlos Thomas. After raping Kimberlee,
Mr. Thomas stabbed her multiple times in the neck and side with a butch-
er knife. After the rape occurred, Mr. Thomas proceeded to pour bleach
on Kimberlee, causing severe bums to Ms. Morton's flesh. Carlos Thomas
was charged with attempted murder and aggravated rape. He pled guilty
and was given a sentence of only 15 years in prison, serving a mere 12
of those 15 years due to "good behavior." Due to the light sentence and
early release of her assailant, Kimberlee set out to change the state of
Tennessee's penal law by providing that an individual found guilty of
committing aggravated rape serves 100% of the time determined by a judge
at sentencing. Now a resident of New York, it is Kimberlee's desire to
assist rape victims by having all 50 states adopt a law similar to that
of Tennessee. This bill seeks to accomplish that goal by creating the
charge of aggravated rape, as well as set new sentencing guidelines for
individuals found guilty of rape.
 
LEGISLATIVE HISTORY:
2022 - Referred to Codes - S.4584.
2020 - S. 7630a - Codes Committee.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This bill shall take effect 90 days after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
4118
2023-2024 Regular Sessions
IN ASSEMBLY
February 9, 2023
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to establishing the offense
of aggravated rape and criminal sentencing for defendants convicted of
certain sexual offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Kimberlee's law".
3 § 2. The penal law is amended by adding a new section 130.36 to read
4 as follows:
5 § 130.36 Aggravated rape.
6 A person is guilty of aggravated rape when he or she engages in sexual
7 intercourse with another person:
8 1. With intent to cause serious physical injury; and
9 2. Such person is armed with a deadly weapon or dangerous instrument,
10 or any object used in a manner to lead the victim to reasonably believe
11 such object to be a deadly weapon or dangerous instrument; and
12 (a) By forcible compulsion; or
13 (b) Such victim is incapable of consent by reason of being physically
14 helpless; or
15 (c) Such victim is less than eleven years old; or
16 (d) Such victim is less than thirteen years old and the actor is eigh-
17 teen years old or more.
18 Aggravated rape is a class A felony.
19 § 3. Section 70.80 of the penal law is amended by adding a new subdi-
20 vision 10 to read as follows:
21 10. Sentence of imprisonment for an offender of certain felony sex
22 offenses. An offender convicted of rape in the first degree pursuant to
23 section 130.35 of this chapter or an offender convicted of aggravated
24 rape pursuant to section 130.36 of this chapter shall not be released
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05488-01-3
A. 4118 2
1 pursuant to section 70.40 of this article until such minimum sentence
2 shall have been served.
3 § 4. This act shall take effect on the ninetieth day after it shall
4 have become a law.