|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2021||referred to codes|
senate Bill S171
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S171 (ACTIVE) - Details
S171 (ACTIVE) - Sponsor Memo
BILL NUMBER: S171 SPONSOR: TEDISCO 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.
S171 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 171 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ 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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