Senate Bill S4342

2013-2014 Legislative Session

Makes certain offenders convicted of certain homicide, hate, terrorism and major drug trafficking crimes ineligible for merit, presumptive release and limited credit time

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Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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2013-S4342 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §§803, 803-b & 806, Cor L

2013-S4342 (ACTIVE) - Summary

Makes certain offenders convicted of certain homicide, hate, terrorism and major drug trafficking crimes ineligible for merit, presumptive release and limited credit time.

2013-S4342 (ACTIVE) - Sponsor Memo

2013-S4342 (ACTIVE) - Bill Text download pdf

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

                                  4342

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by  Sen.  GALLIVAN  --  (at  request  of  the  Department of
  Corrections and Community  Supervision)  --  read  twice  and  ordered
  printed,  and  when  printed to be committed to the Committee on Crime
  Victims, Crime and Correction

AN ACT to amend the correction law, in relation to making ineligible for
  merit,  presumptive  release,  and  limited  credit  time,   offenders
  convicted  of  certain  homicide, hate, terrorism and major drug traf-
  ficking crimes

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

  Section  1.  Subparagraph  (ii)  of  paragraph (d) of subdivision 1 of
section 803 to the correction law, as added by chapter 738 of  the  laws
of 2004, is amended to read as follows:
  (ii)  Such  merit  time allowance shall not be available to any person
serving an indeterminate sentence authorized for an A-I felony  offense,
other  than  an A-I felony offense defined in article two hundred twenty
of the penal law, or any sentence imposed for a violent  felony  offense
as  defined  in  section  70.02  of  the penal law, [manslaughter in the
second degree, vehicular manslaughter in the  second  degree,  vehicular
manslaughter  in  the  first  degree, criminally negligent homicide,] AN
OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW,  an
offense  defined  in  article  one  hundred  thirty of the penal law, AN
incest OFFENSE DEFINED IN ARTICLE TWO HUNDRED FIFTY-FIVE  OF  THE  PENAL
LAW,  [or]  an offense defined in article two hundred sixty-three of the
penal law, AN OFFENSE DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THE
PENAL LAW, AN OFFENSE DEFINED IN ARTICLE  FOUR  HUNDRED  NINETY  OF  THE
PENAL  LAW,  or  aggravated  harassment  of  an employee by an inmate AS
DEFINED IN SECTION 240.32 OF THE PENAL LAW. NOTWITHSTANDING THE  FOREGO-
ING,  SUCH  MERIT  TIME  ALLOWANCE  SHALL NOT BE AVAILABLE TO ANY PERSON
SERVING A SENTENCE IMPOSED  FOR  OPERATING  AS  A  MAJOR  TRAFFICKER  AS
DEFINED IN SECTION 220.77 OF THE PENAL LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08998-01-3
              

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