What's happening
This bill requires life without parole for repeat violent offenders convicted a third time of aggravated assault on police or peace officers.
Why it matters
Significantly increases consequences for repeat violent offenders. By mandating life without parole for a third conviction of aggravated assault on a police or peace officer, the bill removes judicial discretion and ensures the harshest possible penalty for this specific repeat offense.
Targets a specific class of violent felonies. The law applies only if all predicate offenses are at least class B or higher, focusing on offenders with a history of the most serious violent crimes, not lower-level offenses.
Expands the list of crimes requiring life without parole. Previously, only crimes like first-degree murder, terrorism, and certain chemical/biological weapon offenses automatically required this sentence. This bill adds repeat aggravated assault on law enforcement officers to that list, treating it as severely as those other high-profile crimes.
Aims to deter violence against law enforcement. By imposing a mandatory, irreversible sentence, lawmakers are signaling a priority to protect police and peace officers, potentially altering plea negotiations and prosecutorial strategies for repeat offenders.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Tougher Penalties for Police Assaults
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 54–9
- Advanced to third reading
- 2nd report cal.
- 1st report cal.700
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 61–2
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.909
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tougher Penalties for Cop Assaults
In Assembly Committee · Codes · Sponsor Peter Abbate
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
232
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. GOLDEN, AKSHAR, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to increasing penalties for certain violent felonies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 70.08 of the penal law is amended by adding a new paragraph (a-2) to read as follows:
(a-2) Where the predicate violent felonies are at least class B or above, a defendant convicted of aggravated assault upon a police officer or a peace officer pursuant to section 120.11 of this chapter shall be sentenced to life without parole pursuant to subdivision five of section 70.00 of this article.
§ 2. 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 indeterminate sentence. A defendant may be sentenced to life imprisonment without parole 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. 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 first degree as defined in section 490.45 of this chapter; or the crime of criminal use of a chemical weapon or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05110-01-7
S. 232 2
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. 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. A defendant must be sentenced to life without parole upon a conviction of aggravated assault upon a police officer or a peace officer pursuant to section 120.11 of this chapter, where such conviction is the third violent felony offense for which the defendant has been convicted.
§ 3. 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 one of this bill 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 two of this bill makes a conforming amendment to Penal Law section 70.00(5).
Section three of this bill 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
2016: S.1457 - Passed the Senate 2015: S.1457 - Passed the Senate 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.