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Assembly Bill A850

2009-2010 Legislative Session

Authorizes the imposition of a sentence of hard labor for violent felony offenders

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Archive: Last Bill Status - In Assembly Committee

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2009-A850 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §171, Cor L; add §70.21, Pen L

2009-A850 (ACTIVE) - Summary

Authorizes the imposition of an enhanced sentence of hard labor for violent felony offenders; such enhanced sentence to be at the court's discretion.

2009-A850 (ACTIVE) - Bill Text download pdf 

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

                                   850

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. McDONOUGH, KOLB, BURLING, BARCLAY -- Multi-Spon-
  sored by -- M. of A.  SAYWARD, TOWNSEND -- read once and  referred  to
  the Committee on Correction

AN  ACT  to  amend  the correction law and the penal law, in relation to
  permitting hard labor for violent felons

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

  Section  1. Section 171 of the correction law is amended by adding two
new subdivisions 3 and 4 to read as follows:
  3. IN ADDITION TO THE SENTENCE OF IMPRISONMENT AUTHORIZED PURSUANT  TO
THE PROVISIONS OF SECTION 70.02 OF THE PENAL LAW, THE COURT MAY SENTENCE
ANY  VIOLENT  FELONY  OFFENDER  CONVICTED OF THE COMMISSION OF A VIOLENT
FELONY OFFENSE DEFINED IN SECTION 70.02 OF THE PENAL LAW, TO A  SPECIFIC
ENHANCED  PUNISHMENT OF HARD LABOR. PURSUANT TO SUCH A SENTENCE, PUNISH-
MENT OF HARD LABOR SHALL BE SUPERVISED AND PROVIDED FOR BY  THE  COMMIS-
SIONER  AND  THE  SUPERINTENDENTS  AND  OFFICIALS  OF STATE CORRECTIONAL
FACILITIES AND PENITENTIARIES IN SUCH A MANNER AS  SHALL  BE  CONSISTENT
WITH SECTION TWENTY-FOUR OF ARTICLE THREE OF THE CONSTITUTION.
  4. THE STATE COMMISSION OF CORRECTION IS AUTHORIZED TO PROMULGATE SUCH
RULES  AND  REGULATIONS  AS  ARE NECESSARY TO EFFECTUATE THE PURPOSES OF
THIS SECTION.
  S 2. The penal law is amended by adding a new section 70.21 to read as
follows:
S 70.21 ADDITIONAL SENTENCE OF HARD LABOR FOR VIOLENT FELONY OFFENDERS.
  IN ADDITION TO ANY OTHER SENTENCE AUTHORIZED BY  LAW,  THE  COURT  MAY
SENTENCE  ANY  VIOLENT  FELONY OFFENDER CONVICTED OF THE COMMISSION OF A
VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THIS ARTICLE, TO A
SPECIFIC ENHANCED PUNISHMENT OF HARD LABOR.
  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  and  shall  apply  to
sentences imposed on and after such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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