Bill S1539-2011

Authorizes imposition of life imprisonment without parole sentence for persistent violent felony offenders; repealer

Authorizes imposition of life imprisonment without parole sentence for persistent violent felony offenders upon conviction of a violent felony offense when such person has previously been subjected to two or more predicate violent felony convictions.

Details

Actions

  • Apr 17, 2012: referred to codes
  • Apr 17, 2012: DELIVERED TO ASSEMBLY
  • Apr 17, 2012: PASSED SENATE
  • Mar 22, 2012: ADVANCED TO THIRD READING
  • Mar 21, 2012: 2ND REPORT CAL.
  • Mar 20, 2012: 1ST REPORT CAL.415
  • Jan 4, 2012: REFERRED TO CODES
  • Jun 24, 2011: COMMITTED TO RULES
  • Jun 14, 2011: ADVANCED TO THIRD READING
  • Jun 13, 2011: 2ND REPORT CAL.
  • Jun 7, 2011: 1ST REPORT CAL.1065
  • Jan 10, 2011: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Jun 7, 2011
Ayes (11): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley
Nays (5): Duane, Parker, Perkins, Squadron, Espaillat
VOTE: COMMITTEE VOTE: - Codes - Mar 20, 2012
Ayes (11): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley
Nays (5): Duane, Parker, Perkins, Squadron, Espaillat

Memo

BILL NUMBER:S1539

TITLE OF BILL: An act to amend the public service law, in relation to requiring utility corporations and entities to submit an annual report to the public service commission, the legislature, the executive and the chairman of the state energy planning board detailing energy metering production

PURPOSE: In order to assess the landscape of current renewable energy use in New York State, this bill requires utility corporations and energy providing entities to annually report to policy makers the exact types, locations, and energy outputs of net metered energy produced in their service territories.

SUMMARY OF PROVISIONS: This legislation adds a new section, 66-n, to the public service law.

JUSTIFICATION: In order for policy makers to guide and enhance the use of renewable resources in New York State, we must first understand and analyze the states current use of on-site generation. This bill requires utilities and energy providing entities to report annually to the legislature and the Public Service Commission detailing the net energy metering and interconnection between the utility and customer-generators, the type of on-site generators (renewable sources), and the net amount of energy they produce.

Currently, there is no system of reporting in place to monitor the rate of renewable installation, the interconnection of these systems with their provider's grids, and the amount of power being sold back to the utility corporations and distributed within their service territory. This bill would require such reporting.

Any attempt to develop comprehensive renewable energy policy without first getting a realistic analysis of New York States' current renewable portfolio is likely to lead to scattershot, uninformed and myopic decisions.

New York State has the opportunity and the obligation to lead the country in the shift toward use of renewable resources. This bill is a requisite first step toward the development of sound and calculated government policy designed to achieve that end.

LEGISLATIVE HISTORY: 2011-2012: Referred to Energy and Telecommunications; Amended and recommitted to Energy and Telecommunications print number 1765A.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1539 2011-2012 Regular Sessions IN SENATE 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
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.

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