•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A04118 Summary:

BILL NOA04118
 
SAME ASSAME AS S03276
 
SPONSORButtenschon
 
COSPNSR
 
MLTSPNSR
 
Add §130.36, amd §70.80, Pen L
 
Establishes the offense of aggravated rape; provides criminal sentencing mandates for defendants convicted of certain sexual offenses.
Go to top    

A04118 Actions:

BILL NOA04118
 
02/09/2023referred to codes
01/03/2024referred to codes
Go to top

A04118 Memo:

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.
Go to top

A04118 Text:



 
                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.
Go to top