New York Assembly Bill A04118 Latest Draft

   
  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.