NY State Senate Bill 2013-S4445A

Senate Bill S4445A

2013-2014 Legislative Session

Relates to increasing penalties for certain violent felony offenses against a police officer

download bill text pdf

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to crime victims, crime and correction returned to senate died in assembly
Apr 24, 2013	referred to codes
Apr 23, 2013	delivered to assembly passed senate
Apr 22, 2013	ordered to third reading cal.394 reported and committed to rules
Apr 17, 2013	print number 4445a
Apr 17, 2013	amend (t) and recommit to crime victims, crime and correction
Apr 01, 2013	referred to crime victims, crime and correction

Votes

- Apr 23, 2013 - Floor Vote
  S4445A
  
  58
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 23, 2013
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (4)
      
      Hassell-Thompson
      
      Montgomery
      
      Parker
      
      Perkins
      
      excused (1)
      
      Sampson
  Apr 22, 2013 - Rules Committee Vote
  S4445A
  
  18
  
  Aye
  
  3
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Apr 22, 2013
      
      aye (18)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      nay (3)
      
      Hassell-Thompson
      
      Montgomery
      
      Parker
      
      aye wr (3)
      
      Espaillat
      
      Gianaris
      
      Krueger
      
      excused (1)
      
      Hannon
  Apr 22, 2013 - Crime Victims, Crime And Correction Committee Vote
  S4445A
  
  10
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Apr 22, 2013
      
      aye (10)
      
      Carlucci
      
      DeFrancisco
      
      Gallivan
      
      Griffo
      
      Hoylman-Sigal
      
      Maziarz
      
      Nozzolio
      
      Peralta
      
      Ritchie
      
      Rivera
      
      nay (2)
      
      Hassell-Thompson
      
      Montgomery
      
      excused (1)
      
      Little

Bill Amendments

Original

A (Active)

2013-S4445 - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Penal Law
Laws Affected:: Amd §§70.08 & 70.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8417
2011-2012: S1986
2015-2016: S1457
2017-2018: S232

2013-S4445 - Summary

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

2013-S4445 - Sponsor Memo

                                BILL NUMBER:S4445

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 1 amends Penal Law section 803(c)(1) to provide 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.

Section 2 amends section 70.08 of the Penal Law to provide that where
a persistent violent felony offender is convicted of aggravated
assault on a police officer or a peace officer pursuant to Penal Law
section 120.11, such violent felony offender shall be sentenced to
life without parole where such defendant has two predicate violent
felony convictions that are at least class "B" or above.

Section 3 makes a conforming amendment to Penal Law section 70.00(5).

Section 4 provides that this bill shall take effect immediately,
subject to exceptions.

CURRENT LAW:

With respect to the section 1 of this bill, under current law, persons
serving a determinate sentence may be eligible for "good behavior"
time allowance against the term of his or her sentence.

With respect to sections 2 and 3 of the bill, under current law, if
persistent violent felony offender were convicted of aggravated
assault upon a peace officer (a class "B" felony), such violent felony
offender must be sentenced to minimum term not less than 20 years and
not more than 25.

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 class "B" or higher 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.

While rehabilitation may be possible in other circumstances, the law
should not reward people convicted of violent felonies for "good


behavior" by giving them a reduction of their prison sentence. In
fact, such a reward system is likely counterproductive to
rehabilitation by implying that good behavior is something deserving
of recognition, rather being the minimum that society expects of every
law-abiding, civil person.

LEGISLATIVE HISTORY:

S.1986 of 2012 - Referred to Crime Victims, Crime & Correction both
years
S.8417 of 2010 - Referred to Rules

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately, with provisions.

2013-S4445 - Bill Text download pdf

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

                                  4445

                       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

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 amended by section 37 of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to read as follows:
  (c) A person  serving  a  determinate  sentence  of  imprisonment  may
receive  time  allowance  against the term of his or her 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
conditional release, such sentence shall be deemed to be  an  indetermi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07341-01-3

S. 4445                             2

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.

2013-S4445A (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Penal Law
Laws Affected:: Amd §§70.08 & 70.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8417
2011-2012: S1986
2015-2016: S1457
2017-2018: S232

2013-S4445A (ACTIVE) - Summary

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

2013-S4445A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4445A

TITLE OF BILL:  An act to amend the penal law, in relation to
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 1 amends section 70.08 of the Penal Law to provide that where
a persistent violent felony offender is convicted of aggravated
assault on a police officer or a peace officer pursuant to Penal Law
section 120.11, such violent felony offender shall be sentenced to
life without parole where such defendant has two predicate violent
felony convictions that are at least class "B" or above.

Section 2 makes a conforming amendment to Penal Law section 70.00(5).

Section 3 provides that this bill shall take effect immediately,
subject to exceptions.

CURRENT LAW:

Under current law, a persistent violent felony offender convicted of
aggravated assault upon a peace officer (a class "B" felony) must only
be sentenced to a minimum term not less than 20 years and not more
than 25.

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). The prescription of a life sentence under current
law is overly limited, however, in that it does not apply to criminals
for whom there exists no reasonable expectation of rehabilitation, and
who are therefore unfitted to rejoin society. One such criminal is
someone who has two prior convictions for class "B" or higher violent
felonies, and who thereafter commits the crime of aggravated assault
upon a police officer. Recognizing that such a track record almost
certainly rules out the possibility of rehabilitation, this bill
mandates a sentence of life without parole for these criminals.

LEGISLATIVE HISTORY:

S.1986 of 2012 (similar) - Referred to Crime Victims, Crime &
Correction both years
S.8417 of 2010 (similar) - Referred to Rules

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

This act shall take effect immediately, with provisions.

2013-S4445A (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1.  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  2.  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07341-02-3

S. 4445--A                          2

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 3. This act shall take effect immediately; provided, that the amend-
ments to subdivision 3 of section 70.08 of the penal law made by section
one 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.

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