Senate Bill S5740

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

                                  5740

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 2, 2009
                               ___________

Introduced  by Sens. MONTGOMERY, HASSELL-THOMPSON, KRUEGER, OPPENHEIMER,
  PARKER, VOLKER -- read twice and ordered printed, and when printed  to
  be committed to the Committee on Crime Victims, Crime and 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
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

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

S. 5740                             2

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.