S T A T E   O F   N E W   Y O R K
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                                  8446

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2009
                               ___________

Introduced  by  M.  of  A.  TEDISCO,  TOWNSEND,  O'MARA, BALL, DUPREY --
  Multi-Sponsored by -- M. of A.  ALFANO,  BACALLES,  BARCLAY,  BURLING,
  BUTLER,  CROUCH,  ERRIGO, FINCH, HAWLEY, KOLB, MILLER, MOLINARO, OAKS,
  RAIA, REILICH, SAYWARD, SCOZZAFAVA, THIELE, WALKER --  read  once  and
  referred 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 765 of the laws of 2005, 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  A  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]; OR (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  PREDI-
CATE  VIOLENT FELONY CONVICTIONS AS DEFINED IN PARAGRAPH (B) OF SUBDIVI-
SION 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 speci-
fied offense the defendant committed is a class A-I felony; the crime of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09993-01-9
              

A. 8446                             2

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,  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. 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 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 ninetieth day after it shall
have become a law.