S T A T E O F N E W Y O R K ________________________________________________________________________ 1539 2011-2012 Regular Sessions I N S E N A T E January 10, 2011 ___________ Introduced by Sen. SKELOS -- read twice and ordered printed, and when printed to be committed to the Committee 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: 1 Section 1. Subdivision 5 of section 70.00 of the penal law, as amended 2 by chapter 482 of the laws of 2009, is amended to read as follows: 3 5. Life imprisonment without parole. Notwithstanding any other 4 provision of law, a defendant sentenced to life imprisonment without 5 parole shall not be or become eligible for parole or conditional 6 release. For purposes of commitment and custody, other than parole and 7 conditional release, such sentence shall be deemed to be an indetermi- 8 nate sentence. A defendant may be sentenced to life imprisonment with- 9 out parole, IN ACCORDANCE WITH THE PROCEDURES PROVIDED BY LAW FOR IMPOS- 10 ING SUCH SENTENCE, EITHER: (A) upon conviction for the crime of murder 11 in the first degree as defined in section 125.27 of this chapter [and in 12 accordance with the procedures provided by law for imposing a sentence 13 for such crime]; (B) UPON CONVICTION OF A VIOLENT FELONY OFFENSE AS 14 DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THIS ARTICLE WHEN SUCH 15 DEFENDANT HAS PREVIOUSLY BEEN SUBJECTED TO TWO OR MORE PREDICATE VIOLENT 16 FELONY CONVICTIONS AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF 17 SECTION 70.04 OF THIS ARTICLE. A defendant must be sentenced to life 18 imprisonment without parole upon conviction for the crime of terrorism 19 as defined in section 490.25 of this chapter, where the specified 20 offense the defendant committed is a class A-I felony; the crime of 21 criminal possession of a chemical weapon or biological weapon in the 22 first degree as defined in section 490.45 of this chapter; or the crime 23 of criminal use of a chemical weapon or biological weapon in the first EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06193-01-1 S. 1539 2 1 degree as defined in section 490.55 of this chapter; OR IS ALSO 2 CONVICTED OF A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF 3 SECTION 70.02 OF THIS ARTICLE WHEN SUCH DEFENDANT HAS PREVIOUSLY BEEN 4 SUBJECTED TO TWO OR MORE PREDICATE VIOLENT FELONY CONVICTIONS AS DEFINED 5 IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 70.04 OF THIS ARTICLE; 6 provided, however, that nothing in this subdivision shall preclude or 7 prevent a sentence of death when the defendant is also convicted of the 8 crime of murder in the first degree as defined in section 125.27 of this 9 chapter. A defendant must be sentenced to life imprisonment without 10 parole upon conviction for the crime of murder in the second degree as 11 defined in subdivision five of section 125.25 of this chapter or for the 12 crime of aggravated murder as defined in subdivision one of section 13 125.26 of this chapter. A defendant may be sentenced to life imprison- 14 ment without parole upon conviction for the crime of aggravated murder 15 as defined in subdivision two of section 125.26 of this chapter. 16 S 2. Subdivision 2 of section 70.08 of the penal law, as added by 17 chapter 481 of the laws of 1978, is amended to read as follows: 18 2. Authorized sentence. When the court has found, pursuant to the 19 provisions of the criminal procedure law, that a person is a persistent 20 violent felony offender the court must impose [an indeterminate sentence 21 of imprisonment, the maximum term of which shall be life imprisonment. 22 The minimum period of imprisonment under such sentence must be in 23 accordance with subdivision three of this section] A SENTENCE OF LIFE 24 IMPRISONMENT WITHOUT PAROLE PURSUANT TO SECTION 70.00 OF THIS ARTICLE. 25 S 3. Subdivision 3 of section 70.08 of the penal law is REPEALED. 26 S 4. This act shall take effect on the first of November next succeed- 27 ing the date on which it shall have become a law.