NY State Senate Bill 2009-S8417

Archive: Last Bill Status - In Senate Committee Rules 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 30, 2010	referred to rules

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2009-S8417 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Correction Law
Laws Affected:: Amd §803, Cor L; amd §§70.08 & 70.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1986
2013-2014: S4445
2015-2016: S1457
2017-2018: S232

2009-S8417 (ACTIVE) - Summary

Relates to prohibiting good behavior allowances for violent felony offenses.

2009-S8417 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8417

TITLE OF BILL:

An act to amend the correction law and the penal law, in relation to
prohibiting good behavior allowances for certain offenses and 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 one amends paragraph (c) of subdivision 1 of section 803 of the
penal law to provide that no person convicted of a violent felony
offense pursuant to section 70.02 of the Penal Law will be eligible for
good behavior allowances.

Section two amends section 70.08 of the Penal Law to provide that when a
person convicted of two prior felonies which are classified as class B
violent felonies, and such person is convicted of aggravated assault
against a police or peace officer (section 120.11 of the Penal Law),
such person will be subject to a sentence of life without parole.

Section three includes conforming language.

Section four is the effective date.

Aggravated assault upon a police officer is defined in section 120.11 of
the Penal Law as follows:

"A person is guilty of aggravated assault upon a police officer or a
peace officer when, with intent to cause serious physical injury to a
person whom he knows or reasonably should know to be a police officer or
a peace officer engaged in the course of performing his official duties,
he causes such injury by means of a deadly weapon or dangerous instru-
ment."

Under current law this is a class B violent felony.

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 persist-
ent violent felons (three felony convictions).

In all likelihood, an individual who has two prior convictions for
violent felonies and commits the crime of aggravated assault upon a
police officer, is not likely to be rehabilitated and be able to live
freely in society without perpetrating violent crimes against the citi-
zenry. Further, someone who is willing to commit an aggravated assault
upon a police officer would probably be much more likely to do far worse
against unarmed and vulnerable civilians such as children, senior citi-
zens and the disabled.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2009-S8417 (ACTIVE) - Bill Text download pdf

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

                                  8417

                            I N  S E N A T E

                              June 30, 2010
                               ___________

Introduced  by Sens. GOLDEN, ALESI, BONACIC, DeFRANCISCO, FARLEY, FLANA-
  GAN, FUSCHILLO, GRIFFO, HANNON, O. JOHNSON,  LANZA,  LARKIN,  LAVALLE,
  LEIBELL,  LIBOUS,  LITTLE,  MARCELLINO,  MAZIARZ,  McDONALD, NOZZOLIO,
  PADAVAN, RANZENHOFER, ROBACH, SALAND, SEWARD, SKELOS, VOLKER,  WINNER,
  YOUNG  --  read  twice  and  ordered  printed,  and when printed to be
  committed to the Committee on Rules

AN ACT to amend the correction law and the penal  law,  in  relation  to
  prohibiting good behavior allowances for certain offenses and increas-
  ing 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. Paragraph (c) of  subdivision  1  of  section  803  of  the
correction law, as added by chapter 3 of the laws of 1995, is amended to
read as follows:
  (c)  A  person  serving  a  determinate  sentence  of imprisonment may
receive time allowance against the term of his sentence  not  to  exceed
one-seventh  of the term imposed by the court; PROVIDED HOWEVER, THAT NO
PERSON CONVICTED OF A VIOLENT FELONY OFFENSE PURSUANT TO  SECTION  70.02
OF THE PENAL LAW SHALL BE ELIGIBLE FOR GOOD BEHAVIOR ALLOWANCES PURSUANT
TO THIS SECTION OR ANY OTHER SECTION OF LAW.
  S  2.  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 3. 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-

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

                                                           LBD17855-03-0

S. 8417                             2

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
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 4. This act shall take effect immediately; provided, that the amend-
ments to paragraph (c) of subdivision 1 of section 803 of the correction
law made by section one of this act shall not affect the  expiration  of
such  section and shall be deemed to expire therewith; provided, further
however that the amendments to subdivision 3 of  section  70.08  of  the
penal  law  made by section two 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.

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Senate Bill S8417

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Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

2009-S8417 (ACTIVE) - Details

2009-S8417 (ACTIVE) - Summary

2009-S8417 (ACTIVE) - Sponsor Memo

2009-S8417 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

co-Sponsors

2009-S8417 (ACTIVE) - Details

2009-S8417 (ACTIVE) - Summary

2009-S8417 (ACTIVE) - Sponsor Memo

2009-S8417 (ACTIVE) - Bill Text download pdf

Comments