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S4445Senate2013-2014 Session

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

Sponsor Martin J. GoldenSD-22Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Crime Victims, Crime And Correction
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Crime Victims, Crime And Correction

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Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

No co-sponsors yet.

History

  1. Referred to crime victims, crime and correction
  2. Returned to senate
  3. Died in assembly
  4. Referred to codes
  5. Delivered to assembly
  6. Passed senateVote 58–4
  7. Ordered to third reading cal.394
  8. Reported and committed to rules
  9. Print number 4445a
  10. Amend (t) and recommit to crime victims, crime and correction
  11. Referred to crime victims, crime and correction

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's 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.

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