senate Bill S4445A

Relates to increasing penalties for certain violent felony offenses against a police officer

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 01 / Apr / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 17 / Apr / 2013
    • AMEND (T) AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
  • 17 / Apr / 2013
    • PRINT NUMBER 4445A
  • 22 / Apr / 2013
    • REPORTED AND COMMITTED TO RULES
  • 22 / Apr / 2013
    • ORDERED TO THIRD READING CAL.394
  • 23 / Apr / 2013
    • PASSED SENATE
  • 23 / Apr / 2013
    • DELIVERED TO ASSEMBLY
  • 24 / Apr / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Summary

Relates to increasing penalties for certain violent felony offenses committed upon a police officer.

do you support this bill?

Bill Details

Versions:
S4445
S4445A
Legislative Cycle:
2013-2014
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Penal Law
Laws Affected:
Amd ยงยง70.08 & 70.00, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1986
2009-2010: S8417

Sponsor Memo

BILL NUMBER:S4445A

TITLE OF BILL: An act to amend the penal law, in relation to
increasing penalties for certain violent felonies

PURPOSE:

To increase the penalty for aggravated assault against a police or a
peace officer to life without parole when the person convicted has two
prior violent felonies.

SUMMARY OF PROVISIONS:

Section 1 amends section 70.08 of the Penal Law to provide that where
a persistent violent felony offender is convicted of aggravated
assault on a police officer or a peace officer pursuant to Penal Law
section 120.11, such violent felony offender shall be sentenced to
life without parole where such defendant has two predicate violent
felony convictions that are at least class "B" or above.

Section 2 makes a conforming amendment to Penal Law section 70.00(5).

Section 3 provides that this bill shall take effect immediately,
subject to exceptions.

CURRENT LAW:

Under current law, a persistent violent felony offender convicted of
aggravated assault upon a peace officer (a class "B" felony) must only
be sentenced to a minimum term not less than 20 years and not more
than 25.

JUSTIFICATION:

Laws that keep persistent violent felons off the streets are good
public policy and in the best interest of maintaining social order and
overall respect for the rule of law. This sentiment is reflected in
current law, which provides for a sentence of life without parole for
cop killers and stiff sentences for persistent violent felons (three
felony convictions). The prescription of a life sentence under current
law is overly limited, however, in that it does not apply to criminals
for whom there exists no reasonable expectation of rehabilitation, and
who are therefore unfitted to rejoin society. One such criminal is
someone who has two prior convictions for class "B" or higher violent
felonies, and who thereafter commits the crime of aggravated assault
upon a police officer. Recognizing that such a track record almost
certainly rules out the possibility of rehabilitation, this bill
mandates a sentence of life without parole for these criminals.

LEGISLATIVE HISTORY:

S.1986 of 2012 (similar) - Referred to Crime Victims, Crime &
Correction both years
S.8417 of 2010 (similar) - Referred to Rules

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

This act shall take effect immediately, with provisions.

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

                                 4445--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN  ACT  to amend the penal law, in relation to increasing penalties for
  certain violent felonies

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

  Section 1.  Subdivision 3 of section 70.08 of the penal law is amended
by adding a new paragraph (a-2) to read as follows:
  (A-2)  WHERE  THE  PREDICATE  VIOLENT FELONIES ARE AT LEAST CLASS B OR
ABOVE, A DEFENDANT CONVICTED OF AGGRAVATED ASSAULT UPON A POLICE OFFICER
OR A PEACE OFFICER PURSUANT TO SECTION 120.11 OF THIS CHAPTER  SHALL  BE
SENTENCED TO LIFE WITHOUT PAROLE PURSUANT TO SUBDIVISION FIVE OF SECTION
70.00 OF THIS ARTICLE.
  S  2.  Subdivision  5 of section 70.00 of the penal law, as amended by
chapter 482 of the laws of 2009, 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 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.  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 specified offense the defendant committed is a
class A-I felony; the crime of criminal possession of a chemical  weapon
or biological weapon in the first degree as defined in section 490.45 of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07341-02-3

S. 4445--A                          2

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; 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  subdi-
vision  one  of  section  125.26  of  this  chapter.  A defendant may be
sentenced to life imprisonment without parole upon  conviction  for  the
crime  of  aggravated  murder  as  defined in subdivision two of section
125.26 of this chapter.  A DEFENDANT MUST BE SENTENCED TO  LIFE  WITHOUT
PAROLE  UPON A CONVICTION OF AGGRAVATED ASSAULT UPON A POLICE OFFICER OR
A PEACE OFFICER PURSUANT TO SECTION 120.11 OF THIS CHAPTER,  WHERE  SUCH
CONVICTION  IS  THE THIRD VIOLENT FELONY OFFENSE FOR WHICH THE DEFENDANT
HAS BEEN CONVICTED.
  S 3. This act shall take effect immediately; provided, that the amend-
ments to subdivision 3 of section 70.08 of the penal law made by section
one of this act shall survive  the  expiration  and  reversion  of  such
subdivision  as provided in section 74 of chapter 3 of the laws of 1995,
as amended.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.