senate Bill S357

2019-2020 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 - In Senate Committee Codes 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Jan 09, 2019 referred to codes

S357 (ACTIVE) - Details

See Assembly Version of this Bill:
A6667
Current Committee:
Senate 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:
2017-2018: S4036
2021-2022: S171, A5334

S357 (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.

S357 (ACTIVE) - Sponsor Memo

S357 (ACTIVE) - Bill Text download pdf


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

                                   357

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

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 section 40-a of part WWW of chapter  59  of  the  laws  of  2017,  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 who was eighteen years of
age or older at the  time  of  the  commission  of  the  crime  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

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

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