Bill Text: NY S04445 | 2013-2014 | General Assembly | Amended

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S04445 Detail]

Download: New_York-2013-S04445-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4445--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     April 1, 2013
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Crime Victims,  Crime  and
         Correction -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       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    S  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07341-02-3
       S. 4445--A                          2
    1  this  chapter;  or  the  crime  of  criminal use of a chemical weapon or
    2  biological weapon in the first degree as defined in  section  490.55  of
    3  this  chapter; provided, however, that nothing in this subdivision shall
    4  preclude  or  prevent  a  sentence  of  death when the defendant is also
    5  convicted of the crime of murder in  the  first  degree  as  defined  in
    6  section  125.27  of this chapter.  A defendant must be sentenced to life
    7  imprisonment without parole upon conviction for the crime of  murder  in
    8  the  second  degree  as defined in subdivision five of section 125.25 of
    9  this chapter or for the crime of aggravated murder as defined in  subdi-
   10  vision  one  of  section  125.26  of  this  chapter.  A defendant may be
   11  sentenced to life imprisonment without parole upon  conviction  for  the
   12  crime  of  aggravated  murder  as  defined in subdivision two of section
   13  125.26 of this chapter.  A DEFENDANT MUST BE SENTENCED TO  LIFE  WITHOUT
   14  PAROLE  UPON A CONVICTION OF AGGRAVATED ASSAULT UPON A POLICE OFFICER OR
   15  A PEACE OFFICER PURSUANT TO SECTION 120.11 OF THIS CHAPTER,  WHERE  SUCH
   16  CONVICTION  IS  THE THIRD VIOLENT FELONY OFFENSE FOR WHICH THE DEFENDANT
   17  HAS BEEN CONVICTED.
   18    S 3. This act shall take effect immediately; provided, that the amend-
   19  ments to subdivision 3 of section 70.08 of the penal law made by section
   20  one of this act shall survive  the  expiration  and  reversion  of  such
   21  subdivision  as provided in section 74 of chapter 3 of the laws of 1995,
   22  as amended.