S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5334
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to amend the penal law, in relation to sentencing of persistent
   violent 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  section  40-a  of  part  WWW  of  chapter 59 of the laws of 2017, 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, IN ACCORDANCE WITH THE PROCEDURES PROVIDED BY LAW FOR IMPOS-
 ING SUCH A SENTENCE, EITHER: (A) 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]; OR (B) UPON CONVICTION OF A VIOLENT FELONY OFFENSE AS
 DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THIS  ARTICLE  WHEN  SUCH
 DEFENDANT HAS PREVIOUSLY BEEN SUBJECTED TO TWO OR MORE PREDICATE VIOLENT
 FELONY  CONVICTIONS  AS  DEFINED  IN PARAGRAPH (B) OF SUBDIVISION ONE OF
 SECTION 70.04 OF THIS ARTICLE.  A defendant who was  eighteen  years  of
 age  or  older  at  the  time  of  the  commission  of the crime 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03441-01-1

 A. 5334                             2
 
 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,
 OR  IS ALSO CONVICTED OF A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVI-
 SION ONE OF SECTION 70.02 OF THIS ARTICLE WHEN SUCH DEFENDANT HAS PREVI-
 OUSLY BEEN SUBJECTED TO TWO OR MORE PREDICATE VIOLENT FELONY CONVICTIONS
 AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 70.04 OF  THIS
 ARTICLE.    A defendant who was seventeen years of age or younger at the
 time of the commission of the crime may be sentenced, in accordance with
 law, to the applicable indeterminate sentence with  a  maximum  term  of
 life  imprisonment.  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 subdivision  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.
   §  2.  Subdivision  2  of  section 70.08 of the penal law, as added by
 chapter 481 of the laws of 1978, is amended to read as follows:
   2. Authorized sentence. When the court  has  found,  pursuant  to  the
 provisions  of the criminal procedure law, that a person is a persistent
 violent felony offender the court must impose [an indeterminate sentence
 of imprisonment, the maximum term of which shall be  life  imprisonment.
 The  minimum  period  of  imprisonment  under  such  sentence must be in
 accordance with subdivision three of this section] A  SENTENCE  OF  LIFE
 IMPRISONMENT WITHOUT PAROLE PURSUANT TO SECTION 70.00 OF THIS ARTICLE.
   § 3. Subdivision 3 of section 70.08 of the penal law is REPEALED.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.