S T A T E   O F   N E W   Y O R K
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                                  1577

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2011
                               ___________

Introduced by M. of A. TEDISCO, DUPREY -- Multi-Sponsored by -- M. of A.
  BARCLAY,  BURLING,  BUTLER,  CROUCH,  FINCH,  HAWLEY, KOLB, J. MILLER,
  MOLINARO, OAKS, RAIA,  REILICH,  SAYWARD,  THIELE  --  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 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 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01352-01-1
              

A. 1577                             2

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 subdivision 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.
  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.