Bill Text: NY A01636 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires lifetime post-release supervision for offenders convicted of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, course of sexual conduct against a child in the first and second degrees or sexual abuse in the first degree when the other person is less than eleven years old; prohibits good behavior allowances against a determinate sentence for a person convicted of any such crimes.

Spectrum: Strong Partisan Bill (Republican 18-1)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A01636 Detail]

Download: New_York-2013-A01636-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1636
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. KOLB, TEDISCO, MONTESANO -- Multi-Sponsored by --
         M. of A. BARCLAY, CERETTO, CROUCH, CURRAN, FINCH, FITZPATRICK, GIGLIO,
         JORDAN,  OAKS,  PALMESANO, RA, RABBITT, RAIA, SALADINO, TENNEY, THIELE
         -- 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:
    1    Section 1. Paragraphs (e) and (f) of subdivision 2 of section 70.45 of
    2  the  penal law, as amended by chapter 7 of the laws of 2007, are amended
    3  and two new paragraphs (g) and (h) are added to read as follows:
    4    (e) such period shall be not less than one and one-half years nor more
    5  than three years whenever a  determinate  sentence  of  imprisonment  is
    6  imposed  pursuant  to subdivision three of section 70.02 of this article
    7  upon a conviction of a class D or class E violent felony offense  EXCEPT
    8  WHEN  A  DETERMINATE  SENTENCE  OF  IMPRISONMENT  IS IMPOSED PURSUANT TO
    9  SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE UPON A CONVICTION FOR
   10  ONE OF THE CRIMES LISTED IN PARAGRAPH (H) OF THIS SUBDIVISION;
   11    (f) such period shall be not less than two and one-half years nor more
   12  than five years whenever  a  determinate  sentence  of  imprisonment  is
   13  imposed  pursuant  to subdivision three of section 70.02 of this article
   14  upon a conviction of a class B or  class  C  violent  felony  offense[.]
   15  EXCEPT  WHEN  A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT
   16  TO SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE UPON A  CONVICTION
   17  FOR ONE OF THE CRIMES LISTED IN PARAGRAPH (G) OF THIS SUBDIVISION;
   18    (G)  SUCH PERIOD SHALL BE FOR THE LIFE OF A PERSON WHENEVER A DETERMI-
   19  NATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT TO  SUBDIVISION  THREE
   20  OF SECTION 70.02 OF THIS ARTICLE UPON  A CONVICTION OF A CLASS B VIOLENT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03336-01-3
       A. 1636                             2
    1  FELONY  OFFENSE WHEN THE CRIME COMMITTED WAS RAPE IN THE FIRST DEGREE AS
    2  DEFINED IN SECTION 130.35, CRIMINAL SEXUAL  ACT IN THE FIRST  DEGREE  AS
    3  DEFINED  IN  SECTION 130.50, AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE
    4  AS DEFINED IN SECTION 130.70 OR COURSE OF SEXUAL CONDUCT AGAINST A CHILD
    5  IN THE FIRST DEGREE AS DEFINED IN SECTION 130.75 OF THIS CHAPTER;
    6    (H)  SUCH PERIOD SHALL BE FOR THE LIFE OF A PERSON WHENEVER A DETERMI-
    7  NATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT TO  SUBDIVISION  THREE
    8  OF  SECTION 70.02 OF THIS ARTICLE UPON A CONVICTION OF A CLASS D VIOLENT
    9  FELONY OFFENSE WHEN THE CRIME COMMITTED WAS SEXUAL ABUSE  IN  THE  FIRST
   10  DEGREE  AS  DEFINED IN SECTION 130.65 WHEN THE OTHER PERSON IS LESS THAN
   11  ELEVEN YEARS OLD OR COURSE OF SEXUAL CONDUCT  AGAINST  A  CHILD  IN  THE
   12  SECOND DEGREE AS DEFINED IN SECTION 130.80 OF THIS CHAPTER.
   13    S  2.  Section  803  of  the correction law is amended by adding a new
   14  subdivision 1-b to read as follows:
   15    1-B. A PERSON SERVING A DETERMINATE SENTENCE WHO  IS  SUBJECT  TO  THE
   16  PERIOD  OF  POST-RELEASE SUPERVISION ESTABLISHED IN PARAGRAPH (G) OR (H)
   17  OF SUBDIVISION TWO OF SECTION 70.45 OF THE PENAL LAW SHALL NOT BE  ENTI-
   18  TLED TO ANY GOOD BEHAVIOR ALLOWANCE ESTABLISHED IN THIS SECTION.
   19    S 3. This act shall take effect on the first of November next succeed-
   20  ing  the date on which it shall have become a law; provided however that
   21  the amendments to section 803 of the correction law made by section  two
   22  of  this  act shall survive the expiration and reversion of such section
   23  as provided in subdivision d of section 74 of chapter 3 of the  laws  of
   24  1995, as amended.