Assembly Bill A5334

2021-2022 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A5334 (ACTIVE) - Details

See Senate Version of this Bill:
S171
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 Other Legislative Sessions:
2017-2018: S4036
2019-2020: A6667, S357
2023-2024: A5557, S103

2021-A5334 (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.

2021-A5334 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5334
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee 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
 crime of criminal possession of a chemical weapon or  biological  weapon
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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