S1986-2011 Actions

• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 14, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S1986-2011 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.

S1986-2011 Text

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

                                    1986

                         2011-2012 Regular Sessions

                              I N  SENATE

                              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.