senate Bill S4445A

2013-2014 Legislative Session

Relates to increasing penalties for certain violent felony offenses against a police officer

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Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to crime victims, crime and correction
returned to senate
died in assembly
Apr 24, 2013 referred to codes
Apr 23, 2013 delivered to assembly
passed senate
Apr 22, 2013 ordered to third reading cal.394
reported and committed to rules
Apr 17, 2013 print number 4445a
amend (t) and recommit to crime victims, crime and correction
Apr 01, 2013 referred to crime victims, crime and correction

Votes

view votes

Apr 22, 2013 - Crime Victims, Crime and Correction committee Vote

S4445A
10
2
committee
10
Aye
2
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Apr 22, 2013

excused (1)

Apr 22, 2013 - Rules committee Vote

S4445A
18
3
committee
18
Aye
3
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

S4445 - Details

Law Section:
Penal Law
Laws Affected:
Amd §§70.08 & 70.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1986
2009-2010: S8417

S4445 - Summary

Relates to increasing penalties for certain violent felony offenses committed upon a police officer.

S4445 - Sponsor Memo

S4445 - Bill Text download pdf

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

                                  4445

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 and the penal law, in relation to
  prohibiting good behavior allowances for certain offenses and increas-
  ing penalties for certain violent felonies

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

  Section  1.  Paragraph  (c)  of  subdivision  1  of section 803 of the
correction law, as amended by section 37 of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to read as follows:
  (c) A person  serving  a  determinate  sentence  of  imprisonment  may
receive  time  allowance  against the term of his or her sentence not to
exceed one-seventh of the term imposed by the court;  PROVIDED  HOWEVER,
THAT NO PERSON CONVICTED OF A VIOLENT FELONY OFFENSE PURSUANT TO SECTION
70.02  OF  THE  PENAL LAW SHALL BE ELIGIBLE FOR GOOD BEHAVIOR ALLOWANCES
PURSUANT TO THIS SECTION OR ANY OTHER SECTION OF LAW.
  S 2. Subdivision 3 of section 70.08 of the penal  law  is  amended  by
adding a new paragraph (a-2) to read as follows:
  (A-2)  WHERE  THE  PREDICATE  VIOLENT FELONIES ARE AT LEAST CLASS B OR
ABOVE, A DEFENDANT CONVICTED OF AGGRAVATED ASSAULT UPON A POLICE OFFICER
OR A PEACE OFFICER PURSUANT TO SECTION 120.11 OF THIS CHAPTER  SHALL  BE
SENTENCED TO LIFE WITHOUT PAROLE PURSUANT TO SUBDIVISION FIVE OF SECTION
70.00 OF THIS ARTICLE.
  S  3.  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07341-01-3

S4445A (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §§70.08 & 70.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1986
2009-2010: S8417

S4445A (ACTIVE) - Summary

Relates to increasing penalties for certain violent felony offenses committed upon a police officer.

S4445A (ACTIVE) - Sponsor Memo

S4445A (ACTIVE) - Bill Text download pdf

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

                                 4445--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN  ACT  to amend the penal law, in relation to increasing penalties for
  certain violent felonies

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

  Section 1.  Subdivision 3 of section 70.08 of the penal law is amended
by adding a new paragraph (a-2) to read as follows:
  (A-2)  WHERE  THE  PREDICATE  VIOLENT FELONIES ARE AT LEAST CLASS B OR
ABOVE, A DEFENDANT CONVICTED OF AGGRAVATED ASSAULT UPON A POLICE OFFICER
OR A PEACE OFFICER PURSUANT TO SECTION 120.11 OF THIS CHAPTER  SHALL  BE
SENTENCED TO LIFE WITHOUT PAROLE PURSUANT TO SUBDIVISION FIVE OF SECTION
70.00 OF THIS ARTICLE.
  S  2.  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 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.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07341-02-3

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