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

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

view actions (7)
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

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 2019-2020 Legislative Session:
S357

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.

S4036 (ACTIVE) - Sponsor Memo

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.

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