What's happening
This bill mandates life imprisonment without parole for repeat violent felony offenders in New York, eliminating previous sentencing guidelines.
Why it matters
Significantly increases penalties for repeat violent offenders. , replacing prior sentencing options with mandatory life imprisonment without parole—this removes judicial discretion and eliminates the possibility of eventual release, regardless of individual circumstances or rehabilitation.
Expands the types of crimes subject to life without parole. by including any violent felony offense (as defined in New York law) if the defendant has two or more prior violent felony convictions—previously, this sentencing was reserved for the most severe crimes like first-degree murder.
Impacts prison population and costs. by requiring permanent incarceration of repeat violent offenders, which could increase the number of inmates serving life sentences and raise long-term correctional costs for the state.
Alters the legal landscape for plea bargaining and prosecution. with harsher mandatory sentences, prosecutors and defense attorneys may have less flexibility in negotiating plea deals, potentially leading to more trials and longer court proceedings.
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Who cares
Headline styles
Life Without Parole for Repeat Offenders
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 44–19
- Ordered to third reading cal.870
- Committee discharged and committed to rules
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4036
2017-2018 Regular Sessions
IN SENATE
February 2, 2017
Introduced by Sen. TEDISCO -- 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 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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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, in accordance with the procedures provided by law for imposing such a sentence, either: (a) 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]; or (b) upon conviction of a violent felony offense as defined in subdivision one of section 70.02 of this article when such defendant has previously been subjected to two or more predicate violent felony convictions as defined in paragraph (b) of subdivision one of section 70.04 of this article. 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 biological weapon in the first
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06387-01-7
S. 4036 2
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, or is also convicted of a violent felony offense as defined in subdivision one of section 70.02 of this article when such defendant has previously been subjected to two or more predicate violent felony convictions as defined in paragraph (b) of subdivision one of section 70.04 of this article. 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.
§ 2. Subdivision 2 of section 70.08 of the penal law, as added by chapter 481 of the laws of 1978, is amended to read as follows:
2. Authorized sentence. When the court has found, pursuant to the provisions of the criminal procedure law, that a person is a persistent violent felony offender the court must impose [an indeterminate sentence of imprisonment, the maximum term of which shall be life imprisonment. The minimum period of imprisonment under such sentence must be in accordance with subdivision three of this section] a sentence of life imprisonment without parole pursuant to section 70.00 of this article.
§ 3. Subdivision 3 of section 70.08 of the penal law is REPEALED.
§ 4. This act shall take effect on the ninetieth day after it shall have become a law.
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 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
Purpose or general idea of bill
To authorize the imposition of life imprisonment without parole for persistent violent felony offenders.
Summary of specific provisions
Sections 1 and 2: Amend 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.
Section 3: Repeals, as inconsistent and unnecessary, penal law section 70.08(3), which sets forth the minimum periods of imprisonment of the various indeterminate sentences currently in place for persistent violent felony offenders.
Justification
Persistent violent offenders are a particularly menacing threat to society. Those individuals who cannot be rehabilitated or function within society's laws should not be set free. 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: kidnapping, first degree rape or criminal sexual act; first or second degree robbery, first or second degree burglary, arson, or gang assault.
This bill would classify defendants as a persistent violent felony offender if each of that defendant's violent felonies had been committed after a sentence for a previous violent felony was imposed. A total of at least three violent felonies must have been committed within 10 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.
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 Corrections and Community Supervision 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 bill will remedy the present situation of letting dangerous criminals back into society. 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, we can sentence these individuals 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.
Prior legislative history
New Bill
Fiscal implications for state and local governments
Increased length is incarceration for a certain population of criminals.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.