senate Bill S1539

2011-2012 Legislative Session

Authorizes imposition of life imprisonment without parole sentence for persistent violent felony offenders; repealer

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 17, 2012 referred to codes
delivered to assembly
passed senate
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.415
Jan 04, 2012 referred to codes
Jun 24, 2011 committed to rules
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1065
Jan 10, 2011 referred to codes

Votes

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Mar 20, 2012 - Codes committee Vote

S1539
11
5
committee
11
Aye
5
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jun 7, 2011 - Codes committee Vote

S1539
11
5
committee
11
Aye
5
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S1539 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.00 & 70.08, rpld §70.08 sub 3, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1480

S1539 - Bill Texts

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Authorizes imposition of life imprisonment without parole sentence for persistent violent felony offenders upon conviction of a violent felony offense when such person has previously been subjected to two or more predicate violent felony convictions.

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BILL NUMBER:S1539

TITLE OF BILL: An act to amend the public service law, in relation to
requiring utility corporations and entities to submit an annual report
to the public service commission, the legislature, the executive and the
chairman of the state energy planning board detailing energy metering
production

PURPOSE: In order to assess the landscape of current renewable energy
use in New York State, this bill requires utility corporations and ener-
gy providing entities to annually report to policy makers the exact
types, locations, and energy outputs of net metered energy produced in
their service territories.

SUMMARY OF PROVISIONS: This legislation adds a new section, 66-n, to
the public service law.

JUSTIFICATION: In order for policy makers to guide and enhance the use
of renewable resources in New York State, we must first understand and
analyze the states current use of on-site generation. This bill requires
utilities and energy providing entities to report annually to the legis-
lature and the Public Service Commission detailing the net energy meter-
ing and interconnection between the utility and customer-generators, the
type of on-site generators (renewable sources), and the net amount of
energy they produce.

Currently, there is no system of reporting in place to monitor the rate
of renewable installation, the interconnection of these systems with
their provider's grids, and the amount of power being sold back to the
utility corporations and distributed within their service territory.
This bill would require such reporting.

Any attempt to develop comprehensive renewable energy policy without
first getting a realistic analysis of New York States' current renewable
portfolio is likely to lead to scattershot, uninformed and myopic deci-
sions.

New York State has the opportunity and the obligation to lead the coun-
try in the shift toward use of renewable resources. This bill is a
requisite first step toward the development of sound and calculated
government policy designed to achieve that end.

LEGISLATIVE HISTORY: 2011-2012: Referred to Energy and Telecommuni-
cations; Amended and recommitted to Energy and Telecommunications print
number 1765A.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  1539

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to sentencing  of  persistent
  violent felony offenders; and to repeal subdivision 3 of section 70.08
  of such law relating to minimum periods of imprisonment for persistent
  violent felony offenders

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

  Section 1. 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-
nate  sentence.  A defendant may be sentenced to life imprisonment with-
out parole, IN ACCORDANCE WITH THE PROCEDURES PROVIDED BY LAW FOR IMPOS-
ING SUCH SENTENCE, EITHER: (A) 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]; (B) UPON CONVICTION OF  A  VIOLENT  FELONY  OFFENSE  AS
DEFINED  IN  SUBDIVISION  ONE OF SECTION 70.02 OF THIS ARTICLE WHEN SUCH
DEFENDANT HAS PREVIOUSLY BEEN SUBJECTED TO TWO OR MORE PREDICATE VIOLENT
FELONY CONVICTIONS AS DEFINED IN PARAGRAPH (B)  OF  SUBDIVISION  ONE  OF
SECTION  70.04  OF  THIS  ARTICLE. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06193-01-1

S. 1539                             2

degree as defined  in  section  490.55  of  this  chapter;  OR  IS  ALSO
CONVICTED  OF  A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF
SECTION 70.02 OF THIS ARTICLE WHEN SUCH DEFENDANT  HAS  PREVIOUSLY  BEEN
SUBJECTED TO TWO OR MORE PREDICATE VIOLENT FELONY CONVICTIONS AS DEFINED
IN  PARAGRAPH  (B)  OF SUBDIVISION ONE OF SECTION 70.04 OF THIS ARTICLE;
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  subdivision  one  of  section
125.26  of  this chapter. A defendant may be sentenced to life imprison-
ment without parole upon conviction for the crime of  aggravated  murder
as defined in subdivision two of section 125.26 of this chapter.
  S  2.  Subdivision  2  of  section 70.08 of the penal law, as added by
chapter 481 of the laws of 1978, is amended to read as follows:
  2. Authorized sentence. When the court  has  found,  pursuant  to  the
provisions  of the criminal procedure law, that a person is a persistent
violent felony offender the court must impose [an indeterminate sentence
of imprisonment, the maximum term of which shall be  life  imprisonment.
The  minimum  period  of  imprisonment  under  such  sentence must be in
accordance with subdivision three of this section] A  SENTENCE  OF  LIFE
IMPRISONMENT WITHOUT PAROLE PURSUANT TO SECTION 70.00 OF THIS ARTICLE.
  S 3. Subdivision 3 of section 70.08 of the penal law is REPEALED.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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