NY State Senate Bill S232

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

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2018	referred to codes delivered to assembly passed senate
Mar 22, 2018	advanced to third reading
Mar 21, 2018	2nd report cal.
Mar 20, 2018	1st report cal.700
Jan 03, 2018	referred to codes returned to senate died in assembly
Jun 14, 2017	referred to codes delivered to assembly passed senate
May 15, 2017	advanced to third reading
May 10, 2017	2nd report cal.
May 09, 2017	1st report cal.909
Jan 04, 2017	referred to codes

Votes

Co-Sponsors

S232 (ACTIVE) - Details

See Assembly Version of this Bill:: A6596
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.08 & 70.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8417
2011-2012: S1986
2013-2014: S4445
2015-2016: S1457

S232 (ACTIVE) - Summary

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

S232 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S232

 TITLE OF BILL :  An act to amend the penal law, in relation to
increasing penalties for certain violent felonies

 PURPOSE :

To increase the penalty for aggravated assault against a police or a
peace officer to life without parole when the person convicted has two
prior violent felonies.

 SUMMARY OF PROVISIONS :

Section one of this bill amends section 70.08 of the Penal Law to
provide that where a persistent violent felony offender is convicted
of aggravated assault on a police officer or a peace officer pursuant
to Penal Law section 120.11, such violent felony offender shall be
sentenced to life without parole where such defendant has two
predicate violent felony convictions that are at least class "B" or
above.

Section two of this bill makes a conforming amendment to Penal Law
section 70.00(5).

Section three of this bill provides that this bill shall take effect
immediately; provided that the amendments 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.

 CURRENT LAW :

Under current law, a persistent violent felony offender convicted of
aggravated assault upon a peace officer (a class "B" felony) must only
be sentenced to a minimum term not less than 20 years and not more
than 25.

 JUSTIFICATION :

Laws that keep persistent violent felons off the streets are good
public policy and in the best interest of maintaining social order and
overall respect for the rule of law. This sentiment is reflected in
current law, which provides for a sentence of life without parole for
cop killers and stiff sentences for persistent violent felons (three
felony convictions). The prescription of a life sentence under current
law is overly limited, however, in that it does not apply to criminals
for whom there exists no reasonable expectation of rehabilitation, and
who are therefore unfit to rejoin society. One such type of criminal
is someone who has two prior convictions for class "B" or higher
violent felonies, and who thereafter commits the crime of aggravated
assault upon a police officer. Recognizing that such a track record
almost certainly rules out the possibility of rehabilitation, this
bill mandates a sentence of life without parole for these criminals.

 LEGISLATIVE HISTORY :

2016: S.1457 - Passed the Senate
2015: S.1457 - Passed the Senate
2014: S.4445-A - Referred to Crime Victims, Crime & Correction
2013: S.4445 - Passed the Senate
2011-2: S.1986 (similar) - Referred to Crime Victims, Crime &
Correction both years
2010: S.8417 (similar) - Referred to Rules

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately; provided that the amendments
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.

S232 (ACTIVE) - Bill Text download pdf


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

                                   232

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sens.  GOLDEN,  AKSHAR,  YOUNG -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD05110-01-7

S. 232                              2

biological  weapon  in  the first degree as defined in section 490.55 of
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.

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The New York State Senate

senate Bill S232

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

May 1, 2018 - floor Vote

Floor Vote: May 1, 2018

Mar 20, 2018 - Codes committee Vote

Codes Committee Vote: Mar 20, 2018

Jun 14, 2017 - floor Vote

Floor Vote: Jun 14, 2017

May 9, 2017 - Codes committee Vote

Codes Committee Vote: May 9, 2017

Co-Sponsors

S232 (ACTIVE) - Details

S232 (ACTIVE) - Summary

S232 (ACTIVE) - Sponsor Memo

S232 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S232

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 1, 2018 - floor Vote

Floor Vote: May 1, 2018

Mar 20, 2018 - Codes committee Vote

Codes Committee Vote: Mar 20, 2018

Jun 14, 2017 - floor Vote

Floor Vote: Jun 14, 2017

May 9, 2017 - Codes committee Vote

Codes Committee Vote: May 9, 2017

Co-Sponsors

Fred Akshar

Catharine Young

S232 (ACTIVE) - Details

S232 (ACTIVE) - Summary

S232 (ACTIVE) - Sponsor Memo

S232 (ACTIVE) - Bill Text download pdf

Comments