NY State Senate Bill 2009-S1480

Senate Bill S1480

2009-2010 Legislative Session

Authorizes imposition of life imprisonment without parole sentence for persistent violent felony offenders; repealer

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Feb 02, 2009	referred to codes

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2009-S1480 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.00 & 70.08, rpld §70.08 sub 3, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S1539

2009-S1480 (ACTIVE) - Summary

Authorizes imposition of life imprisonment without parole sentence for persistent violent felony offenders upon conviction of a violent felony offense when such person has previously been subjected to two or more predicate violent felony convictions.

2009-S1480 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1480

 TITLE OF BILL :
An act to amend the penal law, in relation to sentencing of persistent
violent felony offenders; and to repeal subdivision 3 of section 70.08
of such law relating to minimum periods of imprisonment for persistent
violent felony offenders

 SUMMARY OF PROVISIONS :
Amends penal law sections 70.00 (5) and 70.08 (2) to require that
criminal defendants found to be persistent violent felony offenders,
as defined in penal law section 70.08 (1 )(a), be sentenced to life
imprisonment without parole. Repeals, as Inconsistent and unnecessary,
penal law section 70.08(3), which sets forth the minimum periods of
Imprisonment of the various indeterminate sentences presently provided
for persistent violent felony offenders.

 JUSTIFICATION :
The category of criminal defendants defined under law as persistent
violent felony offenders is comprised of those who have been convicted
on at least two previous and separate occasions of violent felony
offenses such as: kidnaping; first degree rape or sodomy; or first or
second degree robbery, burglary, assault or aggravated sexual abuse.
In order for a defendant to be classified as a persistent violent
felony offender, each of that defendant's violent felonies must have
been committed after sentence for the previous violent felony was

imposed. In addition, each of the defendant's total of at least three
Violent felonies must have been committed within ten years, not
counting time served under imprisonment, of the Imposition of sentence
on the preceding violent felony. (People v.  Morse. 62 N.Y.2d 205
1984, appeal dismissed 105 S.Ct. 951 1985).  Thus, persistent violent
felony offenders are among the most dangerous of all repeat criminals.

Although the sentences which may be imposed on persistent violent
felony offenders were Increased in 1995 (Ch. 3, L.1995) so that they
range from an indeterminate term of twelve years to life up to an
indeterminate term of twenty-five years to life, this is still
insufficient.  Information from the New York State Department of
Correctional Services reveals that persistent violent felony offenders
are currently Incarcerated for an average of only nine years; far less
than what is warranted by the history and nature of their crimes.

This is compellingly illustrated by.a recent case from Nassau County.
Returning to his home from his second job late at night, an unarmed
man was shot In the head at close range in the course of an attempted
robbery. The victim died within a couple of hours. His killer, who was
apprehended the following day near the crime scene, had a twenty page
prior arrest record covering twenty-three years and including numerous
felony and misdemeanor arrests. At the time of this latest arrest, the
killer was on parole for approximately two weeks from his third
violent felony conviction since 1980. Had this measure been applicable
to his most recent Violent felony sentence in 1992, he would not have
been free to take the life of an innocent citizen in 1996.

This bill will remedy the present senseless situation. If it will
accomplish this by requiring that a defendant who has been separately
convicted and sentenced for three or more violent felonies and who is
determined by a court to be a persistent violent felony offender, be
sentenced to life imprisonment without parole.

This will provide an additional measure of deterrence against the
commission of violent crime.  The enactment of such a "three strikes
and you're in" law will also help to ensure that violent, recidivist
criminals are permanently prevented from posing a further danger to
the safety of society.

 LEGISLATIVE HISTORY :
2007/2008 - S.435-A - Passed Senate Non-Controversial 45-8 Assembly
Codes
2005/2006 - S.3157 - Passed Senate/Assembly Codes.
2003/2004 - S.554 - Passed Senate/Assembly Codes.
2001/2002 - S.403 - Passed Senate/Assembly Codes
1999/2000 - S.966 - Passed Senate/Assembly Codes
1998 - S.5624 Passed Senate/Assembly Codes

 FISCAL IMPLICATIONS :
Although this measure will result In an as-vet-undetermined fiscal
impact due to increased incarceration costs, this will be more than
offset by the increased measure of protection afforded to the public.

 EFFECTIVE DATE :
This act shall take effect the first day of November next succeeding
the date on which it shall have become law.

2009-S1480 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1480

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens.  SKELOS,  ALESI,  BONACIC,  FARLEY, GOLDEN, LANZA,
  LEIBELL, LITTLE, MAZIARZ, MORAHAN, VOLKER, WINNER --  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 sentencing  of  persistent
  violent felony offenders; and to repeal subdivision 3 of section 70.08
  of such law relating to minimum periods of imprisonment for persistent
  violent felony offenders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 70.00 of the penal law, as amended
by chapter 765 of the laws of 2005, is amended to read as follows:
  5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
provision  of  law,  a  defendant sentenced to life imprisonment without
parole shall not  be  or  become  eligible  for  parole  or  conditional
release.  For  purposes of commitment and custody, other than parole and
conditional release, such sentence shall be deemed to be  an  indetermi-
nate  sentence.  A defendant may be sentenced to life imprisonment with-
out parole, IN ACCORDANCE WITH THE PROCEDURES PROVIDED BY LAW FOR IMPOS-
ING SUCH A SENTENCE, EITHER:   (A) upon  conviction  for  the  crime  of
murder  in the first degree as defined in section 125.27 of this chapter
[and in accordance with the procedures provided by law  for  imposing  a
sentence  for  such  crime];  (B)  UPON  CONVICTION  OF A VIOLENT FELONY
OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF  THIS  ARTICLE
WHEN  SUCH DEFENDANT HAS PREVIOUSLY BEEN SUBJECTED TO TWO OR MORE PREDI-
CATE VIOLENT FELONY CONVICTIONS AS DEFINED IN PARAGRAPH (B) OF  SUBDIVI-
SION ONE OF SECTION 70.04 OF THIS ARTICLE. A defendant must be sentenced
to  life  imprisonment  without  parole upon conviction for the crime of
terrorism as defined in section 490.25 of this chapter, where the speci-
fied offense the defendant committed is a class A-I felony; the crime of
criminal possession of a chemical weapon or  biological  weapon  in  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03385-01-9

S. 1480                             2

first  degree as defined in section 490.45 of this chapter; or the crime
of criminal use of a chemical weapon or biological weapon in  the  first
degree  as  defined  in  section  490.55  of  this  chapter;  OR IS ALSO
CONVICTED  OF  A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF
SECTION 70.02 OF THIS ARTICLE WHEN SUCH DEFENDANT  HAS  PREVIOUSLY  BEEN
SUBJECTED TO TWO OR MORE PREDICATE VIOLENT FELONY CONVICTIONS AS DEFINED
IN  PARAGRAPH  (B)  OF SUBDIVISION ONE OF SECTION 70.04 OF THIS ARTICLE;
provided, however, that nothing in this subdivision  shall  preclude  or
prevent  a sentence of death when the defendant is also convicted of the
crime of murder in the first degree as defined in section 125.27 of this
chapter. A defendant must be  sentenced  to  life  imprisonment  without
parole  upon  conviction for the crime of murder in the second degree as
defined in subdivision five of section 125.25 of this chapter or for the
crime of aggravated murder as defined in section 125.26 of this chapter.
  S 2. Subdivision 2 of section 70.08 of the  penal  law,  as  added  by
chapter 481 of the laws of 1978, is amended to read as follows:
  2.  Authorized  sentence.  When  the  court has found, pursuant to the
provisions of the criminal procedure law, that a person is a  persistent
violent felony offender the court must impose [an indeterminate sentence
of  imprisonment,  the maximum term of which shall be life imprisonment.
The minimum period of  imprisonment  under  such  sentence  must  be  in
accordance  with  subdivision  three of this section] A SENTENCE OF LIFE
IMPRISONMENT WITHOUT PAROLE PURSUANT TO SECTION 70.00 OF THIS ARTICLE.
  S 3. Subdivision 3 of section 70.08 of the penal law is REPEALED.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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