S T A T E   O F   N E W   Y O R K
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                                  8603

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2009
                               ___________

Introduced  by M. of A. BALL, TOWNSEND, HAYES, ALFANO, TEDISCO -- Multi-
  Sponsored by -- M. of A. AMEDORE, BACALLES, BARCLAY,  BARRA,  BURLING,
  CONTE,  CORWIN, CROUCH, ERRIGO, FINCH, FITZPATRICK, GIGLIO, McDONOUGH,
  MILLER, OAKS, O'MARA, QUINN, RABBITT, RAIA, SALADINO, SAYWARD, SCOZZA-
  FAVA, THIELE, TOBACCO, WALKER -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law, in relation to requiring  lifetime  post-
  release  supervision  for  certain persons convicted of violent felony
  offenses; 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:

  Section 1. Paragraphs (d), (f), (g) and  (i)  of  subdivision  2-a  of
section  70.45  of  the  penal law, as added by chapter 7 of the laws of
2007, are amended to read as follows:
  (d) not less than three years nor  more  than  ten  years  whenever  a
determinate sentence is imposed pursuant to subdivision three of section
70.02  of this article upon a conviction of a class D or class E violent
felony sex offense as defined in paragraph (b)  of  subdivision  one  of
section  70.80  of  this  article;  PROVIDED,  HOWEVER,  THAT  WHEN  THE
CONVICTION WAS FOR THE COMMISSION OF SEXUAL ABUSE IN THE FIRST DEGREE AS
DEFINED IN SECTION 130.65 WHEN THE VICTIM WAS LESS THAN ELEVEN YEARS  OF
AGE  OR COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE SECOND DEGREE AS
DEFINED IN SECTION 130.80 OF THIS CHAPTER, THE  PERIOD  OF  POST-RELEASE
SUPERVISION SHALL BE FOR LIFE;
  (f)  not  less  than  five years nor more than twenty years whenever a
determinate sentence is imposed pursuant to subdivision three of section
70.02 of this article upon a conviction of a class B violent felony  sex
offense  as defined in section 70.80 of this article; PROVIDED, HOWEVER,
THAT WHEN THE CONVICTION WAS FOR THE COMMISSION OF  RAPE  IN  THE  FIRST
DEGREE  AS  DEFINED  IN SECTION 130.35, CRIMINAL SEXUAL ACT IN THE FIRST

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08211-02-9
              

A. 8603                             2

DEGREE AS DEFINED IN SECTION 130.50,  AGGRAVATED  SEXUAL  ABUSE  IN  THE
FIRST  DEGREE  AS  DEFINED IN SECTION 130.70 OR COURSE OF SEXUAL CONDUCT
AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 130.75 OF THIS
CHAPTER, THE PERIOD OF POST-RELEASE SUPERVISION SHALL BE FOR LIFE;
  (g)  not  less  than five years nor more than fifteen years whenever a
determinate sentence of  imprisonment  is  imposed  pursuant  to  either
section  70.04,  section  70.06, or subdivision five of section 70.80 of
this article upon a conviction of a class D or class E violent  or  non-
violent  felony sex offense as defined in section 70.80 of this article;
PROVIDED, HOWEVER, THAT WHEN THE CONVICTION WAS FOR  THE  COMMISSION  OF
SEXUAL  ABUSE  IN THE FIRST DEGREE AS DEFINED IN SECTION 130.65 WHEN THE
VICTIM WAS LESS THAN ELEVEN YEARS OF AGE OR  COURSE  OF  SEXUAL  CONDUCT
AGAINST  A  CHILD  IN  THE SECOND DEGREE AS DEFINED IN SECTION 130.80 OF
THIS CHAPTER, THE PERIOD OF POST-RELEASE SUPERVISION SHALL BE FOR LIFE;
  (i) such period shall be not less than ten years nor more  than  twen-
ty-five years whenever a determinate sentence of imprisonment is imposed
pursuant  to either section 70.04, section 70.06, or subdivision five of
section 70.80 of this article upon a conviction of a class B violent  or
non-violent felony sex offense as defined in section 70.80 of this arti-
cle;  PROVIDED, HOWEVER, THAT WHEN THE CONVICTION WAS FOR THE COMMISSION
OF RAPE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.35, CRIMINAL SEXU-
AL ACT IN THE FIRST DEGREE AS  DEFINED  IN  SECTION  130.50,  AGGRAVATED
SEXUAL  ABUSE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.70 OR COURSE
OF SEXUAL CONDUCT AGAINST A CHILD IN THE  FIRST  DEGREE  AS  DEFINED  IN
SECTION  130.75  OF THIS CHAPTER, THE PERIOD OF POST-RELEASE SUPERVISION
SHALL BE FOR LIFE; and
  S 2. Section 803 of the correction law is  amended  by  adding  a  new
subdivision 1-b to read as follows:
  1-B.  A  PERSON  SERVING  A DETERMINATE SENTENCE WHO IS SUBJECT TO THE
PERIOD OF POST-RELEASE SUPERVISION ESTABLISHED IN  PARAGRAPH  (D),  (F),
(G)  OR (I) OF SUBDIVISION TWO-A OF SECTION 70.45 OF THE PENAL LAW SHALL
NOT BE ENTITLED TO ANY  GOOD  BEHAVIOR  ALLOWANCE  ESTABLISHED  IN  THIS
SECTION.
  S 3. This act shall take effect on the first of November next succeed-
ing  the date on which it shall have become a law; provided however that
the amendments to section 803 of the correction law made by section  two
of  this  act shall survive the expiration and reversion of such section
as provided in subdivision d of section 74 of chapter 3 of the  laws  of
1995, as amended.