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Sponsors
3 Co-sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 56–4
- Advanced to third reading
- 2nd report cal.
- 1st report cal.464
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–3
Show 3 earlier actions
- Ordered to third reading cal.1144
- Committee discharged and committed to rules
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1457
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; provided that the amendments to subdivision 3 of section 70.08 of the penal law made by section one of this act shall survive the expiration and reversion of such subdivision as provided in section 74 of chapter 3 of the laws of 1995, as amended.
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 unfit to rejoin society. One such type of 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
2014: S.4445-A - Referred to Crime Victims, Crime & Correction
2013: S.4445 - Passed the Senate 2011-2: S.1986 (similar) - Referred to Crime Victims, Crime & Correction both years 2010: S.8417 (similar) - Referred to Rules
Fiscal implications
None.
Effective date
This act shall take effect immediately; provided that the amendments to subdivision 3 of section 70.08 of the penal law made by section one of this act shall survive the expiration and reversion of such subdivision as provided in section 74 of chapter 3 of the laws of 1995, as amended.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.