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

                                  1636

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. KOLB, TEDISCO, MONTESANO -- Multi-Sponsored by --
  M. of A. BARCLAY, CERETTO, CROUCH, CURRAN, FINCH, FITZPATRICK, GIGLIO,
  JORDAN,  OAKS,  PALMESANO, RA, RABBITT, RAIA, SALADINO, TENNEY, THIELE
  -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to requiring  lifetime  post-
  release supervision for certain offenders; 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 (e) and (f) of subdivision 2 of section 70.45 of
the  penal law, as amended by chapter 7 of the laws of 2007, are amended
and two new paragraphs (g) and (h) are added to read as follows:
  (e) such period shall be not less than one and one-half years nor more
than three years whenever a  determinate  sentence  of  imprisonment  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 offense  EXCEPT
WHEN  A  DETERMINATE  SENTENCE  OF  IMPRISONMENT  IS IMPOSED PURSUANT TO
SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE UPON A CONVICTION FOR
ONE OF THE CRIMES LISTED IN PARAGRAPH (H) OF THIS SUBDIVISION;
  (f) such period shall be not less than two and one-half years nor more
than five years whenever  a  determinate  sentence  of  imprisonment  is
imposed  pursuant  to subdivision three of section 70.02 of this article
upon a conviction of a class B or  class  C  violent  felony  offense[.]
EXCEPT  WHEN  A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT
TO SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE UPON A  CONVICTION
FOR ONE OF THE CRIMES LISTED IN PARAGRAPH (G) OF THIS SUBDIVISION;
  (G)  SUCH PERIOD SHALL BE FOR THE LIFE OF A PERSON WHENEVER A DETERMI-
NATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT TO  SUBDIVISION  THREE
OF SECTION 70.02 OF THIS ARTICLE UPON  A CONVICTION OF A CLASS B VIOLENT

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

                                                           LBD03336-01-3

A. 1636                             2

FELONY  OFFENSE WHEN THE CRIME COMMITTED WAS RAPE IN THE FIRST DEGREE AS
DEFINED IN SECTION 130.35, CRIMINAL SEXUAL  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;
  (H)  SUCH PERIOD SHALL BE FOR THE LIFE OF A PERSON WHENEVER A DETERMI-
NATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT TO  SUBDIVISION  THREE
OF  SECTION 70.02 OF THIS ARTICLE UPON A CONVICTION OF A CLASS D VIOLENT
FELONY OFFENSE WHEN THE CRIME COMMITTED WAS SEXUAL ABUSE  IN  THE  FIRST
DEGREE  AS  DEFINED IN SECTION 130.65 WHEN THE OTHER PERSON IS LESS THAN
ELEVEN YEARS OLD OR COURSE OF SEXUAL CONDUCT  AGAINST  A  CHILD  IN  THE
SECOND DEGREE AS DEFINED IN SECTION 130.80 OF THIS CHAPTER.
  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 (G) OR (H)
OF SUBDIVISION TWO OF SECTION 70.45 OF THE PENAL LAW SHALL NOT BE  ENTI-
TLED 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.