Bill Text: NY A02154 | 2015-2016 | General Assembly | Introduced
Bill Title: Provides that a sentence of life imprisonment without parole, conditional release, or unconditional release shall be imposed on multiple or serial sex offenders, as defined; makes appropriate administrative provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to codes [A02154 Detail]
Download: New_York-2015-A02154-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2154
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
___________
Introduced by M. of A. McDONOUGH -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to life imprisonment without parole for multiple or serial
sex offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 60.05 of the penal law, as amended by chapter 410
2 of the laws of 1979, the section heading and subdivisions 2, 3 and 4 as
3 amended by chapter 738 of the laws of 2004, subdivision 1 as amended by
4 chapter 7 of the laws of 2007, and subdivision 5 as amended by chapter
5 405 of the laws of 2010, is amended to read as follows:
6 S 60.05 Authorized dispositions; other class A, B, certain C and D felo-
7 nies [and], multiple felony offenders, AND MULTIPLE OR SERIAL
8 SEX OFFENDERS.
9 1. Applicability. Except as provided in section 60.04 of this article
10 governing the authorized dispositions applicable to felony offenses
11 defined in article two hundred twenty or two hundred twenty-one of this
12 chapter or in section 60.13 of this article governing the authorized
13 dispositions applicable to felony sex offenses defined in paragraph (a)
14 of subdivision one of section 70.80 of this title, this section shall
15 govern the dispositions authorized when a person is to be sentenced upon
16 a conviction of a class A felony, a class B felony or a class C, class D
17 or class E felony specified [herein] IN THIS SECTION, [or] when a person
18 is to be sentenced upon a conviction of a felony as a multiple felony
19 offender, OR AS A MULTIPLE OR SERIAL SEX OFFENDER.
20 2. Class A felony. Except as provided in subdivisions three and four
21 of section 70.06 of this chapter, every person convicted of a class A
22 felony must be sentenced to imprisonment in accordance with section
23 70.00 of this title, unless such person is convicted of murder in the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03479-01-5
A. 2154 2
1 first degree and is sentenced in accordance with section 60.06 of this
2 article.
3 3. Class B felony. Except as provided in subdivision six OR SEVEN of
4 this section, every person convicted of a class B violent felony
5 offense, as defined in subdivision one of section 70.02 of this title,
6 must be sentenced to imprisonment in accordance with such section 70.02;
7 and, except as provided in subdivision six of this section, every person
8 convicted of any other class B felony must be sentenced to imprisonment
9 in accordance with section 70.00 of this title.
10 4. Certain class C felonies. Except as provided in subdivision six,
11 every person convicted of a class C violent felony offense, as defined
12 in subdivision one of section 70.02 of this title, must be sentenced to
13 imprisonment in accordance with section 70.02 of this title; and, except
14 as provided in subdivision six of this section, every person convicted
15 of the class C felonies of: attempt to commit any of the class B felo-
16 nies of bribery in the first degree as defined in section 200.04, bribe
17 receiving in the first degree as defined in section 200.12, conspiracy
18 in the second degree as defined in section 105.15, and criminal mischief
19 in the first degree as defined in section 145.12; criminal usury in the
20 first degree as defined in section 190.42, rewarding official misconduct
21 in the first degree as defined in section 200.22, receiving reward for
22 official misconduct in the first degree as defined in section 200.27,
23 attempt to promote prostitution in the first degree as defined in
24 section 230.32, promoting prostitution in the second degree as defined
25 in section 230.30, OR arson in the third degree as defined in section
26 150.10 of this chapter, must be sentenced to imprisonment in accordance
27 with section 70.00 of this title.
28 5. Certain class D felonies. Except as provided in subdivision six of
29 this section, every person convicted of the class D felonies of assault
30 in the second degree as defined in section 120.05, strangulation in the
31 second degree as defined in section 121.12 or attempt to commit a class
32 C felony as defined in section 230.30 of this chapter, must be sentenced
33 in accordance with section 70.00 or 85.00 of this title.
34 6. Multiple felony offender. [When] EXCEPT AS PROVIDED IN SUBDIVISION
35 SEVEN, WHEN the court imposes sentence upon a second violent felony
36 offender, as defined in section 70.04, or a second felony offender, as
37 defined in section 70.06, the court must impose a sentence of imprison-
38 ment in accordance with section 70.04 or 70.06, as the case may be,
39 unless it imposes a sentence of imprisonment in accordance with section
40 70.08 or 70.10.
41 7. MULTIPLE OR SERIAL SEX OFFENDER. UPON THE CONVICTION OF A MULTIPLE
42 OR SERIAL SEX OFFENDER, AS DEFINED IN SECTION 70.09, THE COURT SHALL
43 SENTENCE THE DEFENDANT TO LIFE IMPRISONMENT WITHOUT PAROLE. NOTWITH-
44 STANDING ANY OTHER PROVISION OF LAW, A DEFENDANT SENTENCED TO LIFE
45 IMPRISONMENT WITHOUT PAROLE SHALL NOT BE OR BECOME ELIGIBLE FOR PAROLE,
46 CONDITIONAL RELEASE, PRESUMPTIVE RELEASE, OR UNCONDITIONAL RELEASE. FOR
47 PURPOSES OF COMMITMENT AND CUSTODY, OTHER THAN PAROLE, CONDITIONAL OR
48 UNCONDITIONAL RELEASE, SUCH SENTENCE SHALL BE DEEMED TO BE AN INDETERMI-
49 NATE SENTENCE.
50 8. Fines. Where the court imposes a sentence of imprisonment in
51 accordance with this section, the court also may impose a fine author-
52 ized by article eighty, and, in such case the sentence shall be both
53 imprisonment and a fine.
54 S 2. Subdivision 1 of section 70.00 of the penal law, as amended by
55 section 36 of chapter 7 of the laws of 2007, is amended to read as
56 follows:
A. 2154 3
1 1. Indeterminate sentence. Except as provided in subdivisions four,
2 five [and], six AND SEVEN of this section or section 70.80 of this arti-
3 cle, a sentence of imprisonment for a felony, other than a felony
4 defined in article two hundred twenty or two hundred twenty-one of this
5 chapter, shall be an indeterminate sentence. When such a sentence is
6 imposed, the court shall impose a maximum term in accordance with the
7 provisions of subdivision two of this section and the minimum period of
8 imprisonment shall be as provided in subdivision three of this section.
9 S 3. Subdivision 1 of section 70.00 of the penal law, as amended by
10 section 37 of chapter 7 of the laws of 2007, is amended to read as
11 follows:
12 1. Indeterminate sentence. Except as provided in subdivisions four
13 [and], five AND SEVEN of this section or section 70.80 of this article,
14 a sentence of imprisonment for a felony, other than a felony defined in
15 article two hundred twenty or two hundred twenty-one of this chapter,
16 shall be an indeterminate sentence. When such a sentence is imposed, the
17 court shall impose a maximum term in accordance with the provisions of
18 subdivision two of this section and the minimum period of imprisonment
19 shall be as provided in subdivision three of this section.
20 S 4. Section 70.00 of the penal law is amended by adding a new subdi-
21 vision 7 to read as follows:
22 7. LIFE IMPRISONMENT WITHOUT PAROLE. WHEN A PERSON IS SENTENCED AS A
23 MULTIPLE OR SERIAL SEX OFFENDER, AS DEFINED IN SECTION 70.09 OF THIS
24 ARTICLE, THE COURT SHALL SENTENCE THE DEFENDANT TO LIFE IMPRISONMENT
25 WITHOUT PAROLE PURSUANT TO SECTION 60.05 OF THIS TITLE.
26 S 5. Subdivision 2 of section 70.02 of the penal law is amended by
27 adding a new paragraph (d) to read as follows:
28 (D) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, THE
29 SENTENCE IMPOSED UPON A PERSON WHO STANDS CONVICTED OF A MULTIPLE OR
30 SERIAL SEX OFFENSE, AS DEFINED IN SECTION 70.09 OF THIS ARTICLE, SHALL
31 BE LIFE IMPRISONMENT WITHOUT PAROLE PURSUANT TO SECTION 60.05 OF THIS
32 TITLE.
33 S 6. Subdivision 1 of section 70.04 of the penal law, as added by
34 chapter 481 of the laws of 1978 and subparagraph (iii) of paragraph (b)
35 as amended by chapter 471 of the laws of 1980, is amended to read as
36 follows:
37 1. Definition of second violent felony offender. EXCEPT AS PROVIDED
38 IN SECTION 70.09 OF THIS ARTICLE:
39 (a) A second violent felony offender is a person who stands convicted
40 of a violent felony offense as defined in subdivision one of section
41 70.02 after having previously been subjected to a predicate violent
42 felony conviction as defined in paragraph (b) of this subdivision.
43 (b) For the purpose of determining whether a prior conviction is a
44 predicate violent felony conviction the following criteria shall apply:
45 (i) The conviction must have been in this state of a class A felony
46 (other than one defined in article two hundred twenty) or of a violent
47 felony offense as defined in subdivision one of section 70.02, or of an
48 offense defined by the penal law in effect prior to September first,
49 nineteen hundred sixty-seven, which includes all of the essential
50 elements of any such felony, or in any other jurisdiction of an offense
51 which includes all of the essential elements of any such felony for
52 which a sentence to a term of imprisonment in excess of one year or a
53 sentence of death was authorized and is authorized in this state irre-
54 spective of whether such sentence was imposed;
55 (ii) Sentence upon such prior conviction must have been imposed before
56 commission of the present felony;
A. 2154 4
1 (iii) Suspended sentence, suspended execution of sentence, a sentence
2 of probation, a sentence of conditional discharge or of unconditional
3 discharge, and a sentence of certification to the care and custody of
4 the division of substance abuse services, shall be deemed to be a
5 sentence;
6 (iv) Except as provided in subparagraph (v) of this paragraph,
7 sentence must have been imposed not more than ten years before commis-
8 sion of the felony of which the defendant presently stands convicted;
9 (v) In calculating the ten year period under subparagraph (iv), any
10 period of time during which the person was incarcerated for any reason
11 between the time of commission of the previous felony and the time of
12 commission of the present felony shall be excluded and such ten year
13 period shall be extended by a period or periods equal to the time served
14 under such incarceration;
15 (vi) An offense for which the defendant has been pardoned on the
16 ground of innocence shall not be deemed a predicate violent felony
17 conviction.
18 S 7. The penal law is amended by adding a new section 70.09 to read as
19 follows:
20 S 70.09 SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE FOR MULTIPLE OR
21 SERIAL SEX OFFENDER.
22 1. DEFINITION OF MULTIPLE OR SERIAL SEX OFFENDER. A PERSON IS A MULTI-
23 PLE OR SERIAL SEX OFFENDER UPON CONVICTION OF TWO OR MORE QUALIFYING
24 CONVICTIONS OF VIOLATION OF SECTION 130.35 OF THIS CHAPTER OR ANY CRIME
25 INVOLVING RAPE, SODOMY OR SEXUAL ABUSE OF A CHILD UNDER THE AGE OF
26 SEVENTEEN. A QUALIFYING CONVICTION IS ANY CONVICTION IN THIS STATE OF
27 ANY ONE COUNT OF VIOLATION OF SUCH SECTION 130.35 OR ANY CRIME INVOLVING
28 RAPE, SODOMY OR SEXUAL ABUSE OF A CHILD UNDER THE AGE OF SEVENTEEN
29 REGARDLESS OF WHEN SUCH CONVICTION IS HAD AND REGARDLESS OF WHETHER SUCH
30 CONVICTIONS ARE HAD UPON THE SAME OR DIFFERENT ACCUSATORY INSTRUMENTS,
31 AT THE SAME OR DIFFERENT TRIALS, AT THE SAME TIME AS THE PRESENT
32 CONVICTION, OR ANY OTHER CONSIDERATIONS. A QUALIFYING CONVICTION IS ALSO
33 ANY CONVICTION HAD UNDER THE PENAL LAW OF THIS STATE IN EFFECT PRIOR TO
34 SEPTEMBER FIRST, NINETEEN HUNDRED SIXTY-SEVEN OR IN ANY OTHER JURISDIC-
35 TION OF AN OFFENSE THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF
36 SECTION 130.35 OF THIS CHAPTER OR ANY CRIME INVOLVING RAPE, SODOMY OR
37 SEXUAL ABUSE OF A CHILD UNDER THE AGE OF SEVENTEEN. A CONVICTION FOR
38 WHICH THE DEFENDANT HAS BEEN PARDONED ON THE GROUNDS OF INNOCENCE SHALL
39 NOT BE DEEMED A QUALIFYING CONVICTION. WHENEVER IT APPEARS THAT THE
40 DEFENDANT HAS BEEN PREVIOUSLY SUBJECTED TO A QUALIFYING CONVICTION, IF
41 THE DEFENDANT DOES NOT ADMIT SUCH QUALIFYING CONVICTION, THE COURT MAY
42 CONDUCT A HEARING ON SUCH ISSUE PURSUANT TO SECTION 400.21 OF THE CRIMI-
43 NAL PROCEDURE LAW.
44 2. SENTENCE. A MULTIPLE OR SERIAL SEX OFFENDER MAY, IN THE DISCRETION
45 OF THE COURT, BE SENTENCED TO LIFE IMPRISONMENT WITHOUT PAROLE PURSUANT
46 TO SECTION 60.05 OF THIS TITLE.
47 S 8. Subdivision 1 of section 70.08 of the penal law, as added by
48 chapter 481 of the laws of 1978, paragraph (a) as amended by chapter 107
49 of the laws of 2006, is amended to read as follows:
50 1. Definition of persistent violent felony offender. EXCEPT AS
51 PROVIDED IN SECTION 70.09 OF THIS ARTICLE:
52 (a) A persistent violent felony offender is a person who stands
53 convicted of a violent felony offense as defined in subdivision one of
54 section 70.02 or the offense of predatory sexual assault as defined in
55 section 130.95 of this chapter or the offense of predatory sexual
56 assault against a child as defined in section 130.96 of this chapter,
A. 2154 5
1 after having previously been subjected to two or more predicate violent
2 felony convictions as defined in paragraph (b) of subdivision one of
3 section 70.04 of this article.
4 (b) For the purpose of determining whether a person has two or more
5 predicate violent felony convictions, the criteria set forth in para-
6 graph (b) of subdivision one of section 70.04 shall apply.
7 S 9. Section 70.20 of the penal law is amended by adding a new subdi-
8 vision 3-a to read as follows:
9 3-A. SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE. WHEN A SENTENCE OF
10 LIFE IMPRISONMENT WITHOUT PAROLE IS IMPOSED, THE COURT SHALL COMMIT THE
11 DEFENDANT TO THE CUSTODY OF THE STATE DEPARTMENT OF CORRECTIONAL
12 SERVICES FOR THE REMAINDER OF THE LIFE OF THE DEFENDANT.
13 S 10. Subdivision 3 of section 300.40 of the criminal procedure law,
14 the opening paragraph as amended by chapter 1 of the laws of 1995, is
15 amended to read as follows:
16 3. If a multiple count indictment contains concurrent counts of murder
17 in the first degree OR OF RAPE IN THE FIRST DEGREE, the court must
18 submit every such count THEREOF. In any other case, if a multiple count
19 indictment contains concurrent counts only, the court must submit at
20 least one such count, and may submit more than one as follows:
21 (a) With respect to non-inclusory concurrent counts, the court may in
22 its discretion submit one or more or all thereof;
23 (b) With respect to inclusory concurrent counts, the court must
24 submit the greatest or inclusive count and may or must, under circum-
25 stances prescribed in section 300.50 OF THIS ARTICLE, also submit, but
26 in the alternative only, one or more of the lesser included counts. A
27 verdict of guilty upon the greatest count submitted is deemed a dismiss-
28 al of every lesser count submitted, but not an acquittal thereon. A
29 verdict of guilty upon a lesser count is deemed an acquittal upon every
30 greater count submitted.
31 S 11. This act shall take effect on the first of November next
32 succeeding the date on which it shall have become a law; provided that
33 the amendments to subdivision 1 of section 70.00 of the penal law made
34 by section two of this act shall be subject to the expiration and rever-
35 sion of such subdivision pursuant to section 74 of chapter 3 of the laws
36 of 1995, as amended, when upon such date the provisions of section three
37 of this act shall take effect.
