Assembly Bill A8603

2009-2010 Legislative Session

Requires lifetime post-release supervision for certain offenders; prohibits good behavior allowances against certain determinate sentences

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Sponsored By

Archive: Last Bill Status - In Assembly 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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2009-A8603 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.45, Pen L; amd §803, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4814
2013-2014: A1636
2015-2016: A520
2017-2018: A2948
2019-2020: A1013
2021-2022: A5014
2023-2024: A5463

2009-A8603 (ACTIVE) - Summary

Requires lifetime post-release supervision for offenders convicted of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, course of sexual conduct against a child in the first and second degrees or sexual abuse in the first degree when the other person is less than eleven years old; prohibits good behavior allowances against a determinate sentence for a person convicted of any such crimes.

2009-A8603 (ACTIVE) - Sponsor Memo

2009-A8603 (ACTIVE) - Bill Text download pdf

                            
                    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
              

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