S T A T E O F N E W Y O R K
________________________________________________________________________
8603
2009-2010 Regular Sessions
I N A S S E M B L Y
May 29, 2009
___________
Introduced by M. of A. BALL, TOWNSEND, HAYES, ALFANO, TEDISCO -- Multi-
Sponsored by -- M. of A. AMEDORE, BACALLES, BARCLAY, BARRA, BURLING,
CONTE, CORWIN, CROUCH, ERRIGO, FINCH, FITZPATRICK, GIGLIO, McDONOUGH,
MILLER, OAKS, O'MARA, QUINN, RABBITT, RAIA, SALADINO, SAYWARD, SCOZZA-
FAVA, THIELE, TOBACCO, WALKER -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to requiring lifetime post-
release supervision for certain persons convicted of violent felony
offenses; and to amend the correction law, in relation to prohibiting
good behavior allowances against certain determinate sentences
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (d), (f), (g) and (i) of subdivision 2-a of
section 70.45 of the penal law, as added by chapter 7 of the laws of
2007, are amended to read as follows:
(d) not less than three years nor more than ten years whenever a
determinate sentence is imposed pursuant to subdivision three of section
70.02 of this article upon a conviction of a class D or class E violent
felony sex offense as defined in paragraph (b) of subdivision one of
section 70.80 of this article; PROVIDED, HOWEVER, THAT WHEN THE
CONVICTION WAS FOR THE COMMISSION OF SEXUAL ABUSE IN THE FIRST DEGREE AS
DEFINED IN SECTION 130.65 WHEN THE VICTIM WAS LESS THAN ELEVEN YEARS OF
AGE OR COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE SECOND DEGREE AS
DEFINED IN SECTION 130.80 OF THIS CHAPTER, THE PERIOD OF POST-RELEASE
SUPERVISION SHALL BE FOR LIFE;
(f) not less than five years nor more than twenty years whenever a
determinate sentence is imposed pursuant to subdivision three of section
70.02 of this article upon a conviction of a class B violent felony sex
offense as defined in section 70.80 of this article; PROVIDED, HOWEVER,
THAT WHEN THE CONVICTION WAS FOR THE COMMISSION OF RAPE IN THE FIRST
DEGREE AS DEFINED IN SECTION 130.35, CRIMINAL SEXUAL ACT IN THE FIRST
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08211-02-9
A. 8603 2
DEGREE AS DEFINED IN SECTION 130.50, AGGRAVATED SEXUAL ABUSE IN THE
FIRST DEGREE AS DEFINED IN SECTION 130.70 OR COURSE OF SEXUAL CONDUCT
AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 130.75 OF THIS
CHAPTER, THE PERIOD OF POST-RELEASE SUPERVISION SHALL BE FOR LIFE;
(g) not less than five years nor more than fifteen years whenever a
determinate sentence of imprisonment is imposed pursuant to either
section 70.04, section 70.06, or subdivision five of section 70.80 of
this article upon a conviction of a class D or class E violent or non-
violent felony sex offense as defined in section 70.80 of this article;
PROVIDED, HOWEVER, THAT WHEN THE CONVICTION WAS FOR THE COMMISSION OF
SEXUAL ABUSE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.65 WHEN THE
VICTIM WAS LESS THAN ELEVEN YEARS OF AGE OR COURSE OF SEXUAL CONDUCT
AGAINST A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 130.80 OF
THIS CHAPTER, THE PERIOD OF POST-RELEASE SUPERVISION SHALL BE FOR LIFE;
(i) such period shall be not less than ten years nor more than twen-
ty-five years whenever a determinate sentence of imprisonment is imposed
pursuant to either section 70.04, section 70.06, or subdivision five of
section 70.80 of this article upon a conviction of a class B violent or
non-violent felony sex offense as defined in section 70.80 of this arti-
cle; PROVIDED, HOWEVER, THAT WHEN THE CONVICTION WAS FOR THE COMMISSION
OF RAPE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.35, CRIMINAL SEXU-
AL ACT IN THE FIRST DEGREE AS DEFINED IN SECTION 130.50, AGGRAVATED
SEXUAL ABUSE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.70 OR COURSE
OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN
SECTION 130.75 OF THIS CHAPTER, THE PERIOD OF POST-RELEASE SUPERVISION
SHALL BE FOR LIFE; and
S 2. Section 803 of the correction law is amended by adding a new
subdivision 1-b to read as follows:
1-B. A PERSON SERVING A DETERMINATE SENTENCE WHO IS SUBJECT TO THE
PERIOD OF POST-RELEASE SUPERVISION ESTABLISHED IN PARAGRAPH (D), (F),
(G) OR (I) OF SUBDIVISION TWO-A OF SECTION 70.45 OF THE PENAL LAW SHALL
NOT BE ENTITLED TO ANY GOOD BEHAVIOR ALLOWANCE ESTABLISHED IN THIS
SECTION.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law; provided however that
the amendments to section 803 of the correction law made by section two
of this act shall survive the expiration and reversion of such section
as provided in subdivision d of section 74 of chapter 3 of the laws of
1995, as amended.