senate Bill S171

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2021 referred to codes

Co-Sponsors

S171 (ACTIVE) - Details

See Assembly Version of this Bill:
A5334
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
2019-2020: S357, A6667

S171 (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.

S171 (ACTIVE) - Sponsor Memo

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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