NY State Senate Bill 2011-S1986

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to crime victims, crime and correction
Jan 14, 2011	referred to crime victims, crime and correction

co-Sponsors

View additional co-sponsors

2011-S1986 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §803, Cor L; amd §§70.08 & 70.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8417
2013-2014: S4445
2015-2016: S1457
2017-2018: S232

2011-S1986 (ACTIVE) - Summary

Relates to prohibiting good behavior allowances for violent felony offenses.

2011-S1986 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1986

TITLE OF BILL:

An act
to amend the correction law and the penal law,
in relation to prohibiting good behavior
allowances for certain offenses and increasing penalties for certain
violent felonies

PURPOSE:

To increase the penalty for aggravated assault against a police or a
peace officer to life without parole when the person convicted has
two prior violent felonies.

SUMMARY OF PROVISIONS:

Section one amends paragraph (c) of subdivision 1 of section 803 of
the penal law to provide that no person convicted of a violent felony
offense pursuant to section 70.02 of the Penal Law will be eligible
for good behavior allowances.

Section two amends section 70.08 of the Penal Law to provide that when
a person convicted of two prior felonies which are classified as
class B violent felonies, and such person is convicted of aggravated

assault against a police or peace officer (section 120.11 of the
Penal Law), such person will be subject to a sentence of life without
parole.

Section three includes conforming language.

Section four is the effective date.

Aggravated assault upon a police officer is defined in section 120.11
of the Penal Law as follows:

"A person is guilty of aggravated assault upon a police officer or a
peace officer when, with intent to cause serious physical injury to a
person whom he knows or reasonably should know to be a police officer
or a peace officer engaged in the course of performing his official
duties, he causes such injury by means of a deadly weapon or
dangerous instrument."

Under current law this is a class B violent felony.

JUSTIFICATION:

Laws that keep persistent violent felons off the streets are good
public policy and in the best interest of maintaining social order
and overall respect for the rule of law.

This sentiment is reflected in current law which provides for a
sentence of life without parole for cop killers and stiff sentences
for persistent violent felons (three felony convictions).


In all likelihood, an individual who has two prior convictions for
violent felonies and commits the crime of aggravated assault upon a
police officer, is not likely to be rehabilitated and be able to live
freely in society without perpetrating violent crimes against the
citizenry. Further, someone who is willing to commit an aggravated
assault upon a police officer would probably be much more likely to
do far worse against unarmed and vulnerable civilians such as
children, senior citizens and the disabled.

LEGISLATIVE HISTORY:

S.8417 of 2010 - Referred to Rules

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately, with provisions.

2011-S1986 (ACTIVE) - Bill Text download pdf

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

                                  1986

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sens.  GOLDEN,  DeFRANCISCO,  JOHNSON,  LAVALLE, LITTLE,
  MAZIARZ, RANZENHOFER, SALAND -- read twice and  ordered  printed,  and
  when  printed to be committed to the Committee on Crime Victims, Crime
  and Correction

AN ACT to amend the correction law and the penal  law,  in  relation  to
  prohibiting good behavior allowances for certain offenses and increas-
  ing penalties for certain violent felonies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (c) of  subdivision  1  of  section  803  of  the
correction law, as added by chapter 3 of the laws of 1995, is amended to
read as follows:
  (c)  A  person  serving  a  determinate  sentence  of imprisonment may
receive time allowance against the term of his sentence  not  to  exceed
one-seventh  of the term imposed by the court; PROVIDED HOWEVER, THAT NO
PERSON CONVICTED OF A VIOLENT FELONY OFFENSE PURSUANT TO  SECTION  70.02
OF THE PENAL LAW SHALL BE ELIGIBLE FOR GOOD BEHAVIOR ALLOWANCES PURSUANT
TO THIS SECTION OR ANY OTHER SECTION OF LAW.
  S  2.  Subdivision  3  of section 70.08 of the penal law is amended by
adding a new paragraph (a-2) to read as follows:
  (A-2) WHERE THE PREDICATE VIOLENT FELONIES ARE AT  LEAST  CLASS  B  OR
ABOVE, A DEFENDANT CONVICTED OF AGGRAVATED ASSAULT UPON A POLICE OFFICER
OR  A  PEACE OFFICER PURSUANT TO SECTION 120.11 OF THIS CHAPTER SHALL BE
SENTENCED TO LIFE WITHOUT PAROLE PURSUANT TO SUBDIVISION FIVE OF SECTION
70.00 OF THIS ARTICLE.
  S 3. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04285-01-1

S. 1986                             2

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 and in accordance with the
procedures provided by law for imposing a sentence  for  such  crime.  A
defendant  must  be  sentenced  to life imprisonment 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 nothing in this subdivision shall
preclude or prevent a sentence of  death  when  the  defendant  is  also
convicted  of  the  crime  of  murder  in the first degree as defined in
section 125.27 of this chapter.  A defendant must be sentenced  to  life
imprisonment  without  parole upon conviction for the crime of murder in
the second degree as defined in subdivision five of  section  125.25  of
this  chapter or for the crime of aggravated murder as defined in subdi-
vision one of section  125.26  of  this  chapter.  A  defendant  may  be
sentenced  to  life  imprisonment without parole upon conviction for the
crime of aggravated murder as defined  in  subdivision  two  of  section
125.26  of  this chapter.  A DEFENDANT MUST BE SENTENCED TO LIFE WITHOUT
PAROLE UPON A CONVICTION OF AGGRAVATED ASSAULT UPON A POLICE OFFICER  OR
A  PEACE  OFFICER PURSUANT TO SECTION 120.11 OF THIS CHAPTER, WHERE SUCH
CONVICTION IS THE THIRD VIOLENT FELONY OFFENSE FOR WHICH  THE  DEFENDANT
HAS BEEN CONVICTED.
  S 4. This act shall take effect immediately; provided, that the amend-
ments to paragraph (c) of subdivision 1 of section 803 of the correction
law  made  by section one of this act shall not affect the expiration of
such section and shall be deemed to expire therewith; provided,  further
however  that  the  amendments  to subdivision 3 of section 70.08 of the
penal law made by section two of this act shall survive  the  expiration
and reversion of such subdivision as provided in section 74 of chapter 3
of the laws of 1995, as amended.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1986

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2011-S1986 (ACTIVE) - Details

2011-S1986 (ACTIVE) - Summary

2011-S1986 (ACTIVE) - Sponsor Memo

2011-S1986 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1986

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2011-S1986 (ACTIVE) - Details

2011-S1986 (ACTIVE) - Summary

2011-S1986 (ACTIVE) - Sponsor Memo

2011-S1986 (ACTIVE) - Bill Text download pdf

Comments