S T A T E O F N E W Y O R K
________________________________________________________________________
6596
2017-2018 Regular Sessions
I N A S S E M B L Y
March 9, 2017
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Codes
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.
§ 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
this chapter; or the crime of criminal use of a chemical weapon or
biological weapon in the first degree as defined in section 490.55 of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05110-01-7
A. 6596 2
this chapter; 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 subdi-
vision one of section 125.26 of this chapter. A defendant may be
sentenced to life imprisonment without parole upon conviction for the
crime of aggravated murder as defined in subdivision two of section
125.26 of this chapter. A DEFENDANT MUST BE SENTENCED TO LIFE WITHOUT
PAROLE UPON A CONVICTION OF AGGRAVATED ASSAULT UPON A POLICE OFFICER OR
A PEACE OFFICER PURSUANT TO SECTION 120.11 OF THIS CHAPTER, WHERE SUCH
CONVICTION IS THE THIRD VIOLENT FELONY OFFENSE FOR WHICH THE DEFENDANT
HAS BEEN CONVICTED.
§ 3. This act shall take effect immediately; provided, that the amend-
ments to subdivision 3 of section 70.08 of the penal law made by section
one of this act shall survive the expiration and reversion of such
subdivision as provided in section 74 of chapter 3 of the laws of 1995,
as amended.