senate Bill S1539

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

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

view votes

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 - Details

Current Committee:
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 - Summary

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.

S1539 - Sponsor Memo

S1539 - Bill Text download pdf

                    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

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