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Sponsor's memo
Title of bill
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
Summary of provisions
Amends penal law sections 70.00 (5) and 70.08 (2) to require that criminal defendants found to be persistent violent felony offenders, as defined in penal law section 70.08 (1 )(a), be sentenced to life imprisonment without parole. Repeals, as Inconsistent and unnecessary, penal law section 70.08(3), which sets forth the minimum periods of Imprisonment of the various indeterminate sentences presently provided for persistent violent felony offenders.
Justification
The category of criminal defendants defined under law as persistent violent felony offenders is comprised of those who have been convicted on at least two previous and separate occasions of violent felony offenses such as: kidnaping; first degree rape or sodomy; or first or second degree robbery, burglary, assault or aggravated sexual abuse. In order for a defendant to be classified as a persistent violent felony offender, each of that defendant's violent felonies must have been committed after sentence for the previous violent felony was imposed. In addition, each of the defendant's total of at least three Violent felonies must have been committed within ten years, not counting time served under imprisonment, of the Imposition of sentence on the preceding violent felony. (People v. Morse. 62 N.Y.2d 205 1984, appeal dismissed 105 S.Ct. 951 1985). Thus, persistent violent felony offenders are among the most dangerous of all repeat criminals.
Read the full memo (686 words)
Although the sentences which may be imposed on persistent violent felony offenders were Increased in 1995 (Ch. 3, L.1995) so that they range from an indeterminate term of twelve years to life up to an indeterminate term of twenty-five years to life, this is still insufficient. Information from the New York State Department of Correctional Services reveals that persistent violent felony offenders are currently Incarcerated for an average of only nine years; far less than what is warranted by the history and nature of their crimes.
This is compellingly illustrated by.a recent case from Nassau County. Returning to his home from his second job late at night, an unarmed man was shot In the head at close range in the course of an attempted robbery. The victim died within a couple of hours. His killer, who was apprehended the following day near the crime scene, had a twenty page prior arrest record covering twenty-three years and including numerous felony and misdemeanor arrests. At the time of this latest arrest, the killer was on parole for approximately two weeks from his third violent felony conviction since 1980. Had this measure been applicable to his most recent Violent felony sentence in 1992, he would not have been free to take the life of an innocent citizen in 1996.
This bill will remedy the present senseless situation. If it will accomplish this by requiring that a defendant who has been separately convicted and sentenced for three or more violent felonies and who is determined by a court to be a persistent violent felony offender, be sentenced to life imprisonment without parole.
This will provide an additional measure of deterrence against the commission of violent crime. The enactment of such a "three strikes and you're in" law will also help to ensure that violent, recidivist criminals are permanently prevented from posing a further danger to the safety of society.
Legislative history
2007/2008 - S.435-A - Passed Senate Non-Controversial 45-8 Assembly Codes 2005/2006 - S.3157 - Passed Senate/Assembly Codes. 2003/2004 - S.554 - Passed Senate/Assembly Codes. 2001/2002 - S.403 - Passed Senate/Assembly Codes 1999/2000 - S.966 - Passed Senate/Assembly Codes 1998 - S.5624 Passed Senate/Assembly Codes
Fiscal implications
Although this measure will result In an as-vet-undetermined fiscal impact due to increased incarceration costs, this will be more than offset by the increased measure of protection afforded to the public.
Effective date
This act shall take effect the first day of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.