S T A T E   O F   N E W   Y O R K
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                                  8421

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2009
                               ___________

Introduced by M. of A. WEINSTEIN, AUBRY, WRIGHT, MILLMAN, PAULIN, CLARK,
  SCHROEDER,  FIELDS,  JAFFEE,  PERRY,  CAMARA, PEOPLES-STOKES -- Multi-
  Sponsored by -- M. of A. BOYLAND,  FARRELL,  GLICK,  GOTTFRIED,  JOHN,
  LATIMER,   LAVINE,   LENTOL,   McENENY,   NOLAN,  O'DONNELL,  PHEFFER,
  N. RIVERA,  ROSENTHAL,  SCARBOROUGH,  WEISENBERG  --  read  once   and
  referred to the Committee on Correction

AN ACT to amend the correction law, in relation to issues of merit time

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

  Section 1. The opening paragraph of subparagraph (vi) of paragraph (d)
of subdivision 1 of section 803 of  the  correction  law,  as  added  by
section  1  of a chapter of the laws of 2009 amending the correction law
relating to merit time allowances,  as  proposed  in  legislative  bills
numbers A.4516-C and S.3438-A, is amended to read as follows:
  A  person  convicted  of  a homicide offense as defined in article one
hundred twenty-five of the penal law,  an  assault  offense  defined  in
article  one  hundred  twenty  of  the  penal  law, a robbery offense as
defined by article one hundred sixty of  the  penal  law,  a  kidnapping
offense  as defined by article one hundred thirty-five of the penal law,
an arson offense as defined by article one hundred fifty  of  the  penal
law,  [a  criminal  mischief  offense  as defined by article one hundred
forty-five of the penal law,] a burglary offense as defined  by  article
one  hundred  forty of the penal law, criminal possession of a weapon in
the second degree as defined by subdivisions two and  three  of  section
265.03  of  the penal law, criminal use of a firearm in the first degree
as defined by section 265.09 of the penal law, criminal use of a firearm
in the second degree as defined by section 265.08 of the  penal  law,  a
conspiracy  to commit such crimes as defined in article one hundred five
of the penal law, an attempt to commit such crimes as defined in article
one hundred ten of the penal law and serving a determinate or indetermi-
nate sentence or sentences and who can demonstrate to  the  commissioner

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD11991-01-9
              

A. 8421                             2

that:  (1) the person is a victim of domestic violence who was subjected
to substantial physical, sexual or psychological abuse  inflicted  by  a
member  of the person's same family or household as that term is defined
in  subdivision one of section 530.11 of the criminal procedure law or a
member of the person's immediate family  as  that  term  is  defined  in
subdivision  four  of  section  120.40  of  the  penal law; and (2) such
offense was committed as a direct result  of  such  abuse,  may  receive
merit  time  allowance credit in the amount provided for in subparagraph
(iii) of this paragraph.  The merit time allowance established  pursuant
to  this subparagraph shall be granted in the same manner as required by
subparagraph (iv) of this paragraph.
  S 2. The opening paragraph of subparagraph (vi) of  paragraph  (d)  of
subdivision  1 of section 803 of the correction law, as added by section
2 of a chapter of the laws of 2009 amending the correction law  relating
to  merit  time  allowances,  as  proposed  in legislative bills numbers
A.4516-C and S.3438-A, is amended to read as follows:
  A person convicted of a homicide offense as  defined  in  article  one
hundred  twenty-five  of  the  penal  law, an assault offense defined in
article one hundred twenty of  the  penal  law,  a  robbery  offense  as
defined  by  article  one  hundred  sixty of the penal law, a kidnapping
offense as defined by article one hundred thirty-five of the penal  law,
an  arson  offense  as defined by article one hundred fifty of the penal
law, [a criminal mischief offense as  defined  by  article  one  hundred
forty-five  of  the penal law,] a burglary offense as defined by article
one hundred forty of the penal law, criminal possession of a  weapon  in
the  second  degree  as defined by subdivisions two and three of section
265.03 of the penal law, criminal use of a firearm in the  first  degree
as defined by section 265.09 of the penal law, criminal use of a firearm
in  the  second  degree as defined by section 265.08 of the penal law, a
conspiracy to commit such crimes as defined in article one hundred  five
of the penal law, an attempt to commit such crimes as defined in article
one hundred ten of the penal law and serving a determinate or indetermi-
nate  sentence  or sentences and who can demonstrate to the commissioner
that: (1) the person is a victim of domestic violence who was  subjected
to  substantial  physical,  sexual or psychological abuse inflicted by a
member of the person's same family or household as that term is  defined
in  subdivision one of section 530.11 of the criminal procedure law or a
member of the person's immediate family  as  that  term  is  defined  in
subdivision  four  of  section  120.40  of  the  penal law; and (2) such
offense was committed as a direct result  of  such  abuse,  may  receive
merit  time  allowance credit in the amount provided for in subparagraph
(iii) of this paragraph.  The merit time allowance established  pursuant
to  this subparagraph shall be granted in the same manner as required by
subparagraph (iv) of this paragraph.
  S 3. This act shall take effect on the  same  date  and  in  the  same
manner  as  a  chapter  of  the laws of 2009 amending the correction law
relating to merit time allowances,  as  proposed  in  legislative  bills
numbers A.4516-C and S.3438-A, takes effect.