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S8417Senate2009-2010 Session

Relates to prohibiting good behavior allowances for certain felony offenses

Sponsor Martin J. GoldenSD-22+28 co-sponsors
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

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  1. Referred to rules

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Sponsor's memo

BILL NUMBER:S8417

Title of bill

An act to amend the correction law and the penal law, in relation to prohibiting good behavior allowances for certain offenses and 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 one amends paragraph (c) of subdivision 1 of section 803 of the penal law to provide that no person convicted of a violent felony offense pursuant to section 70.02 of the Penal Law will be eligible for good behavior allowances.

Section two amends section 70.08 of the Penal Law to provide that when a person convicted of two prior felonies which are classified as class B violent felonies, and such person is convicted of aggravated assault against a police or peace officer (section 120.11 of the Penal Law), such person will be subject to a sentence of life without parole.

Section three includes conforming language.

Section four is the effective date.

Aggravated assault upon a police officer is defined in section 120.11 of the Penal Law as follows:

"A person is guilty of aggravated assault upon a police officer or a peace officer when, with intent to cause serious physical injury to a person whom he knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing his official duties, he causes such injury by means of a deadly weapon or dangerous instru- ment."

Under current law this is a class B violent felony.

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 persist- ent violent felons (three felony convictions).

In all likelihood, an individual who has two prior convictions for violent felonies and commits the crime of aggravated assault upon a police officer, is not likely to be rehabilitated and be able to live freely in society without perpetrating violent crimes against the citi- zenry. Further, someone who is willing to commit an aggravated assault upon a police officer would probably be much more likely to do far worse against unarmed and vulnerable civilians such as children, senior citi- zens and the disabled.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.