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:

  Section 1. 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, IN ACCORDANCE WITH THE PROCEDURES PROVIDED BY LAW FOR IMPOS-
ING SUCH 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]; (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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06193-01-1
              

S. 1539                             2

degree as defined  in  section  490.55  of  this  chapter;  OR  IS  ALSO
CONVICTED  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;
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  subdivision  one  of  section
125.26  of  this chapter. A defendant may be sentenced to life imprison-
ment without parole upon conviction for the crime of  aggravated  murder
as defined in subdivision two of section 125.26 of this chapter.
  S  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.
  S 3. Subdivision 3 of section 70.08 of the penal law is REPEALED.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.