Bill Text: NY A05463 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires lifetime post-release supervision for offenders convicted of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, course of sexual conduct against a child in the first and second degrees or sexual abuse in the first degree when the other person is less than eleven years old; prohibits good behavior allowances against a determinate sentence for a person convicted of any such crimes.

Spectrum: Partisan Bill (Republican 28-1)

Status: (Introduced) 2024-01-03 - referred to codes [A05463 Detail]

Download: New_York-2023-A05463-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5463

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 10, 2023
                                       ___________

        Introduced  by  M.  of A. BARCLAY, HAWLEY, BLUMENCRANZ, CHANG, DiPIETRO,
          BRABENEC, SMITH, J. M. GIGLIO,  MIKULIN,  MILLER,  MANKTELOW,  REILLY,
          JENSEN,  GALLAHAN,  DURSO, LEMONDES, NORRIS, DeSTEFANO, SIMPSON, TAGUE
          -- Multi-Sponsored by -- M. of A. BLANKENBUSH, K. BROWN,  FITZPATRICK,
          FRIEND,  PALMESANO,  RA  -- read once and referred to the Committee on
          Codes

        AN ACT to amend the penal law, in relation to requiring  lifetime  post-
          release supervision for certain offenders; and to amend the correction
          law,  in  relation  to  prohibiting  good  behavior allowances against
          certain determinate sentences

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (e) and (f) of subdivision 2 of section 70.45 of
     2  the penal law, as amended by chapter 31 of the laws of 2019, are amended
     3  and two new paragraphs (g) and (h) are added to read as follows:
     4    (e) such period shall be not less than one and one-half years nor more
     5  than  three  years  whenever  a  determinate sentence of imprisonment is
     6  imposed pursuant to subdivision three of section 70.02 of  this  article
     7  or  subdivision  two  or  eight  of  section  60.12 of this title upon a
     8  conviction of a class D or class E violent felony offense or subdivision
     9  four, five, six, or seven of section 60.12 of this title, except when  a
    10  determinate  sentence of imprisonment is imposed pursuant to subdivision
    11  three of section 70.02 of this article upon a conviction for one of  the
    12  crimes listed in paragraph (h) of this subdivision;
    13    (f) such period shall be not less than two and one-half years nor more
    14  than  five  years  whenever  a  determinate  sentence of imprisonment is
    15  imposed pursuant to subdivision three of section 70.02 of  this  article
    16  or  subdivision  two  or  eight  of  section  60.12 of this title upon a
    17  conviction of a class B or class C violent felony offense[.] except when
    18  a determinate sentence of imprisonment is imposed pursuant  to  subdivi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02616-01-3
        A. 5463                             2

     1  sion three of section 70.02 of this article upon a conviction for one of
     2  the crimes listed in paragraph (g) of this subdivision;
     3    (g)  such period shall be for the life of a person whenever a determi-
     4  nate sentence of imprisonment is imposed pursuant to  subdivision  three
     5  of section 70.02 of this article upon  a conviction of a class B violent
     6  felony  offense when the crime committed was rape in the first degree as
     7  defined in section 130.35, criminal sexual  act in the first  degree  as
     8  defined  in  section 130.50, aggravated sexual abuse in the first degree
     9  as defined in section 130.70 or course of sexual conduct against a child
    10  in the first degree as defined in section 130.75 of this chapter;
    11    (h) such period shall be for the life of a person whenever a  determi-
    12  nate  sentence  of imprisonment is imposed pursuant to subdivision three
    13  of section 70.02 of this article upon a conviction of a class D  violent
    14  felony  offense  when  the crime committed was sexual abuse in the first
    15  degree as defined in section 130.65 when the other person is  less  than
    16  eleven  years  old  or  course  of sexual conduct against a child in the
    17  second degree as defined in section 130.80 of this chapter.
    18    § 2. Section 803 of the correction law is  amended  by  adding  a  new
    19  subdivision 1-b to read as follows:
    20    1-b.  A  person  serving  a determinate sentence who is subject to the
    21  period of post-release supervision established in paragraph (g)  or  (h)
    22  of  subdivision two of section 70.45 of the penal law shall not be enti-
    23  tled to any good behavior allowance established in this section.
    24    § 3. This act shall take effect on the first of November next succeed-
    25  ing the date on which it shall have become a law; provided however  that
    26  the  amendments to section 803 of the correction law made by section two
    27  of this act shall survive the expiration and reversion of  such  section
    28  as  provided  in subdivision d of section 74 of chapter 3 of the laws of
    29  1995, as amended.