Bill S4445A-2013

Relates to increasing penalties for certain violent felony offenses against a police officer

Relates to increasing penalties for certain violent felony offenses committed upon a police officer.

Details

Actions

  • Jan 8, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Apr 24, 2013: referred to codes
  • Apr 23, 2013: DELIVERED TO ASSEMBLY
  • Apr 23, 2013: PASSED SENATE
  • Apr 22, 2013: ORDERED TO THIRD READING CAL.394
  • Apr 22, 2013: REPORTED AND COMMITTED TO RULES
  • Apr 17, 2013: PRINT NUMBER 4445A
  • Apr 17, 2013: AMEND (T) AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
  • Apr 1, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Meetings

Votes

VOTE: COMMITTEE VOTE: - Rules - Apr 22, 2013
Ayes (18): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Fuschillo, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Stewart-Cousins, Breslin, Dilan, Perkins
Ayes W/R (3): Krueger, Espaillat, Gianaris
Nays (3): Hassell-Thompson, Montgomery, Parker
Excused (1): Hannon

Memo

BILL NUMBER:S4445A

TITLE OF BILL: An act to amend the penal law, in relation to 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 1 amends section 70.08 of the Penal Law to provide that where a persistent violent felony offender is convicted of aggravated assault on a police officer or a peace officer pursuant to Penal Law section 120.11, such violent felony offender shall be sentenced to life without parole where such defendant has two predicate violent felony convictions that are at least class "B" or above.

Section 2 makes a conforming amendment to Penal Law section 70.00(5).

Section 3 provides that this bill shall take effect immediately, subject to exceptions.

CURRENT LAW:

Under current law, a persistent violent felony offender convicted of aggravated assault upon a peace officer (a class "B" felony) must only be sentenced to a minimum term not less than 20 years and not more than 25.

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). The prescription of a life sentence under current law is overly limited, however, in that it does not apply to criminals for whom there exists no reasonable expectation of rehabilitation, and who are therefore unfitted to rejoin society. One such criminal is someone who has two prior convictions for class "B" or higher violent felonies, and who thereafter commits the crime of aggravated assault upon a police officer. Recognizing that such a track record almost certainly rules out the possibility of rehabilitation, this bill mandates a sentence of life without parole for these criminals.

LEGISLATIVE HISTORY:

S.1986 of 2012 (similar) - Referred to Crime Victims, Crime & Correction both years S.8417 of 2010 (similar) - Referred to Rules

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 4445--A 2013-2014 Regular Sessions IN SENATE April 1, 2013 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to increasing 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. 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 2. 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 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 3. This act shall take effect immediately; provided, that the amend- ments to subdivision 3 of section 70.08 of the penal law made by section one 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.

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