Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 18, 2011 |
referred to codes |
Senate Bill S2316
2011-2012 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
2011-S2316 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§70.00, 70.08 & 70.10, rpld §70.08 sub 3, Pen L
- Versions Introduced in 2009-2010 Legislative Session:
-
S1008
2011-S2316 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2316 TITLE OF BILL: An act to amend the penal law, in relation to sentencing of persistent violent felony offenders and persistent 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 SUMMARY: This is an act to require life imprisonment without possibility of parole for persistent felony offenders if one of the three required convictions for such status is a violent felony offense class A, B, C, D, or E. This bill would increase penalty and sentence for a persistent felony offender whose convictions rise above that of three non-violent felony offenses. JUSTIFICATION: When a felon is convicted of three felony offenses the sentence imposed by PL Article 70 ranges from a minimum of 3-4 years (for a Class E felony on the current conviction) up to a court imposed sentence of 15-25 years (for a Class A-1 felony on the current conviction). This enables proven violent felons with two previous
2011-S2316 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2316 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ Introduced by Sen. KRUGER -- 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 sentencing of persistent violent felony offenders and persistent 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 chapter 482 of the laws of 2009, 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 upon conviction for the crime of murder in the first degree as defined in section 125.27 of this chapter, UPON CONVICTION AS A PERSISTENT FELONY OFFENDER PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION 70.10 OF THIS ARTICLE, OR UPON CONVICTION AS A PERSISTENT VIOLENT FELONY OFFENDER PURSUANT TO SECTION 70.08 OF THIS ARTICLE, and in accordance with the procedures provided by law for imposing a sentence for such crime. A defendant must be sentenced to life imprison- ment 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 in the first degree as defined in section 490.45 of this chapter; or the crime of criminal use of a chemical weapon or biological weapon in the first degree as defined in section 490.55 of this chapter; provided, however, that noth- ing in this subdivision shall preclude or prevent a sentence of death EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06800-01-1
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