NY State Senate Bill 2017-S4036

Senate Bill S4036

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2018	referred to codes delivered to assembly passed senate
Apr 30, 2018	ordered to third reading cal.870 committee discharged and committed to rules
Jan 03, 2018	referred to codes
Feb 02, 2017	referred to codes

Votes

- May 1, 2018 - Floor Vote
  S4036
  
  44
  
  Aye
  
  19
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 1, 2018
      
      aye (44)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Seward
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (19)
      
      Alcantara
      
      Bailey
      
      Breslin
      
      Comrie
      
      Dilan
      
      Gianaris
      
      Hamilton
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Montgomery
      
      Parker
      
      Peralta
      
      Rivera
      
      Sanders Jr.
      
      Sepúlveda
      
      Serrano
      
      Stavisky
      
      Stewart-Cousins
  Apr 30, 2018 - Rules Committee Vote
  S4036
  
  16
  
  Aye
  
  4
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Apr 30, 2018
      
      aye (16)
      
      Bonacic
      
      DeFrancisco
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Valesky
      
      nay (4)
      
      Gianaris
      
      Montgomery
      
      Parker
      
      Stewart-Cousins
      
      aye wr (5)
      
      Breslin
      
      Dilan
      
      Kennedy
      
      Krueger
      
      Rivera

2017-S4036 (ACTIVE) - 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 Other Legislative Sessions:: 2019-2020: S357
2021-2022: S171
2023-2024: S103

2017-S4036 (ACTIVE) - 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.

2017-S4036 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4036

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

To authorize the imposition of life imprisonment without parole for
persistent violent felony offenders.

 SUMMARY OF SPECIFIC PROVISIONS :

Sections 1 and 2: Amend penal law sections 70.00 (5) and 70.08 (2) to
require that criminal defendants found to be persistent violent felony
offenders, as defined in penal law section 70.08 (1) (a), be sentenced
to life imprisonment without parole.

Section 3: Repeals, as inconsistent and unnecessary, penal law section
70.08(3), which sets forth the minimum periods of imprisonment of the
various indeterminate sentences currently in place for persistent
violent felony offenders.

 JUSTIFICATION :

Persistent violent offenders are a particularly menacing threat to
society. Those individuals who cannot be rehabilitated or function
within society's laws should not be set free. The category of criminal
defendants defined under law as persistent violent felony offenders is
comprised of those who have been convicted on at least two previous
and separate occasions of violent felony offenses such as: kidnapping,
first degree rape or criminal sexual act; first or second degree
robbery, first or second degree burglary, arson, or gang assault.

This bill would classify defendants as a persistent violent felony
offender if each of that defendant's violent felonies had been
committed after a sentence for a previous violent felony was imposed.
A total of at least three violent felonies must have been committed
within 10 years, not counting time served under imprisonment, of the
imposition of sentence on the preceding violent felony. (PEOPLE V.
MORSE, 62 N. Y.2d 205 1984, appeal dismissed 105 S.Ct. 951 1985).
Thus, persistent violent felony offenders are among the most dangerous
of all repeat criminals.

Although the sentences which may be imposed on persistent violent
felony offenders were increased in 1995 (Ch. 3, L.1995) so that they
range from an indeterminate term of twelve years to life up to an
indeterminate term of twenty-five years to life, this is still
insufficient. Information from the New York State Department of
Corrections and Community Supervision reveals that persistent violent
felony offenders are currently incarcerated for an average of only
nine years; far less than what is warranted by the history and nature
of their crimes.

This bill will remedy the present situation of letting dangerous
criminals back into society. By requiring that a defendant who has
been separately convicted and sentenced for three or more violent
felonies, and who is determined by a court to be a persistent violent
felony offender, we can sentence these individuals to life
imprisonment without parole.

This will provide an additional measure of deterrence against the
commission of violent crime. The enactment of such a "Three Strikes
and You're In" law will also help to ensure that violent, recidivist

criminals are permanently prevented from posing a further danger to
the safety of society.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Increased length is incarceration for a certain population of
criminals.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S4036 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4036
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2017
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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 A 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]; OR (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.

                                                            LBD06387-01-7

 S. 4036                             2
 
 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, 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.  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 imprisonment  without
 parole  upon conviction for the crime of aggravated murder as defined in
 subdivision two of section 125.26 of this chapter.
   § 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.
   § 3. Subdivision 3 of section 70.08 of the penal law is REPEALED.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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