Bill Text: NY S00232 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to increasing penalties for certain violent felony offenses committed upon a police officer.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2018-05-01 - referred to codes [S00232 Detail]

Download: New_York-2017-S00232-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           232
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sens.  GOLDEN,  AKSHAR,  YOUNG -- 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 increasing  penalties  for
          certain violent felonies
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Subdivision 3 of section 70.08 of the penal law is amended
     2  by adding a new paragraph (a-2) to read as follows:
     3    (a-2) Where the predicate violent felonies are at  least  class  B  or
     4  above, a defendant convicted of aggravated assault upon a police officer
     5  or  a  peace officer pursuant to section 120.11 of this chapter shall be
     6  sentenced to life without parole pursuant to subdivision five of section
     7  70.00 of this article.
     8    § 2. Subdivision 5 of section 70.00 of the penal law,  as  amended  by
     9  chapter 482 of the laws of 2009, is amended to read as follows:
    10    5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
    11  provision of law, a defendant sentenced  to  life  imprisonment  without
    12  parole  shall  not  be  or  become  eligible  for  parole or conditional
    13  release. For purposes of commitment and custody, other than  parole  and
    14  conditional  release,  such sentence shall be deemed to be an indetermi-
    15  nate sentence.  A defendant may be sentenced to life imprisonment  with-
    16  out  parole  upon conviction for the crime of murder in the first degree
    17  as defined in section 125.27 of this chapter and in accordance with  the
    18  procedures  provided  by  law  for imposing a sentence for such crime. A
    19  defendant must be sentenced to life  imprisonment  without  parole  upon
    20  conviction  for  the  crime of terrorism as defined in section 490.25 of
    21  this chapter, where the specified offense the defendant committed  is  a
    22  class  A-I felony; the crime of criminal possession of a chemical weapon
    23  or biological weapon in the first degree as defined in section 490.45 of
    24  this chapter; or the crime of criminal  use  of  a  chemical  weapon  or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05110-01-7
        S. 232                              2
     1  biological  weapon  in  the first degree as defined in section 490.55 of
     2  this chapter; provided, however, that nothing in this subdivision  shall
     3  preclude  or  prevent  a  sentence  of  death when the defendant is also
     4  convicted  of  the  crime  of  murder  in the first degree as defined in
     5  section 125.27 of this chapter.  A defendant must be sentenced  to  life
     6  imprisonment  without  parole upon conviction for the crime of murder in
     7  the second degree as defined in subdivision five of  section  125.25  of
     8  this  chapter or for the crime of aggravated murder as defined in subdi-
     9  vision one of section  125.26  of  this  chapter.  A  defendant  may  be
    10  sentenced  to  life  imprisonment without parole upon conviction for the
    11  crime of aggravated murder as defined  in  subdivision  two  of  section
    12  125.26  of  this chapter.  A defendant must be sentenced to life without
    13  parole upon a conviction of aggravated assault upon a police officer  or
    14  a  peace  officer pursuant to section 120.11 of this chapter, where such
    15  conviction is the third violent felony offense for which  the  defendant
    16  has been convicted.
    17    § 3. This act shall take effect immediately; provided, that the amend-
    18  ments to subdivision 3 of section 70.08 of the penal law made by section
    19  one  of  this  act  shall  survive  the expiration and reversion of such
    20  subdivision as provided in section 74 of chapter 3 of the laws of  1995,
    21  as amended.