Assembly Bill A5014

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5014
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by  M. of A. BARCLAY, MONTESANO, HAWLEY, DiPIETRO, BRABENEC,
   SMITH, J. M. GIGLIO, MIKULIN,  B. MILLER,  ASHBY,  MANKTELOW,  REILLY,
   JENSEN,  GALLAHAN, DURSO, LEMONDES, NORRIS, LAWLER, DeSTEFANO, SIMPSON
   -- Multi-Sponsored by -- M. of  A.  BLANKENBUSH,  BROWN,  FITZPATRICK,
   FRIEND,  M. MILLER,  PALMESANO,  RA  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to requiring  lifetime  post-
   release supervision for certain offenders; and to amend the correction
   law,  in  relation  to  prohibiting  good  behavior allowances against
   certain determinate sentences
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (e) and (f) of subdivision 2 of section 70.45 of
 the penal law, as amended by chapter 31 of the laws of 2019, are amended
 and two new paragraphs (g) and (h) are added to read as follows:
   (e) such period shall be not less than one and one-half years nor more
 than  three  years  whenever  a  determinate sentence of imprisonment is
 imposed pursuant to subdivision three of section 70.02 of  this  article
 or  subdivision  two  or  eight  of  section  60.12 of this title upon a
 conviction of a class D or class E violent felony offense or subdivision
 four, five, six, or seven of section 60.12 of this title, EXCEPT WHEN  A
 DETERMINATE  SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT TO SUBDIVISION
 THREE OF SECTION 70.02 OF THIS ARTICLE UPON A CONVICTION FOR ONE OF  THE
 CRIMES LISTED IN PARAGRAPH (H) OF THIS SUBDIVISION;
   (f) such period shall be not less than two and one-half years nor more
 than  five  years  whenever  a  determinate  sentence of imprisonment is
 imposed pursuant to subdivision three of section 70.02 of  this  article
 or  subdivision  two  or  eight  of  section  60.12 of this title upon a
 conviction of a class B or class C violent felony offense[.] EXCEPT WHEN
 A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT  TO  SUBDIVI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02554-01-1
              

 A. 5014                             2
 
 SION THREE OF SECTION 70.02 OF THIS ARTICLE UPON A CONVICTION FOR ONE OF
 THE CRIMES LISTED IN PARAGRAPH (G) OF THIS SUBDIVISION;
   (G)  SUCH PERIOD SHALL BE FOR THE LIFE OF A PERSON WHENEVER A DETERMI-
 NATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT TO  SUBDIVISION  THREE
 OF SECTION 70.02 OF THIS ARTICLE UPON  A CONVICTION OF A CLASS B VIOLENT
 FELONY  OFFENSE WHEN THE CRIME COMMITTED WAS RAPE IN THE FIRST DEGREE AS
 DEFINED IN SECTION 130.35, CRIMINAL SEXUAL  ACT IN THE FIRST  DEGREE  AS
 DEFINED  IN  SECTION 130.50, AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE
 AS DEFINED IN SECTION 130.70 OR COURSE OF SEXUAL CONDUCT AGAINST A CHILD
 IN THE FIRST DEGREE AS DEFINED IN SECTION 130.75 OF THIS CHAPTER;
   (H) SUCH PERIOD SHALL BE FOR THE LIFE OF A PERSON WHENEVER A  DETERMI-
 NATE  SENTENCE  OF IMPRISONMENT IS IMPOSED PURSUANT TO SUBDIVISION THREE
 OF SECTION 70.02 OF THIS ARTICLE UPON A CONVICTION OF A CLASS D  VIOLENT
 FELONY  OFFENSE  WHEN  THE CRIME COMMITTED WAS SEXUAL ABUSE IN THE FIRST
 DEGREE AS DEFINED IN SECTION 130.65 WHEN THE OTHER PERSON IS  LESS  THAN
 ELEVEN  YEARS  OLD  OR  COURSE  OF SEXUAL CONDUCT AGAINST A CHILD IN THE
 SECOND DEGREE AS DEFINED IN SECTION 130.80 OF THIS CHAPTER.
   § 2. Section 803 of the correction law is  amended  by  adding  a  new
 subdivision 1-b to read as follows:
   1-B.  A  PERSON  SERVING  A DETERMINATE SENTENCE WHO IS SUBJECT TO THE
 PERIOD OF POST-RELEASE SUPERVISION ESTABLISHED IN PARAGRAPH (G)  OR  (H)
 OF  SUBDIVISION TWO OF SECTION 70.45 OF THE PENAL LAW SHALL NOT BE ENTI-
 TLED TO ANY GOOD BEHAVIOR ALLOWANCE ESTABLISHED IN THIS SECTION.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law; provided however  that
 the  amendments to section 803 of the correction law made by section two
 of this act shall survive the expiration and reversion of  such  section
 as  provided  in subdivision d of section 74 of chapter 3 of the laws of
 1995, as amended.