S T A T E O F N E W Y O R K
________________________________________________________________________
8481
2009-2010 Regular Sessions
I N A S S E M B L Y
May 21, 2009
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Introduced by M. of A. KOLB, TOWNSEND, HAYES, ALFANO, TEDISCO -- Multi-
Sponsored by -- M. of A. AMEDORE, BACALLES, BARCLAY, BARRA, BURLING,
CONTE, CROUCH, ERRIGO, FINCH, FITZPATRICK, GIGLIO, JORDAN, MILLER,
OAKS, O'MARA, QUINN, RABBITT, RAIA, SALADINO, SAYWARD, SCOZZAFAVA,
THIELE, TOBACCO, WALKER -- 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 7 of the laws of 2007, 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 upon a conviction of a class D or class E violent felony offense EXCEPT
8 WHEN A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT TO
9 SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE UPON A CONVICTION FOR
10 ONE OF THE CRIMES LISTED IN PARAGRAPH (H) OF THIS SUBDIVISION;
11 (f) such period shall be not less than two and one-half years nor more
12 than five years whenever a determinate sentence of imprisonment is
13 imposed pursuant to subdivision three of section 70.02 of this article
14 upon a conviction of a class B or class C violent felony offense[.]
15 EXCEPT WHEN A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT
16 TO SUBDIVISION THREE OF SECTION 70.02 OF THIS ARTICLE UPON A CONVICTION
17 FOR ONE OF THE CRIMES LISTED IN PARAGRAPH (G) OF THIS SUBDIVISION;
18 (G) SUCH PERIOD SHALL BE FOR THE LIFE OF A PERSON WHENEVER A DETERMI-
19 NATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT TO SUBDIVISION THREE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08211-01-9
A. 8481 2
1 OF SECTION 70.02 OF THIS ARTICLE UPON A CONVICTION OF A CLASS B VIOLENT
2 FELONY OFFENSE WHEN THE CRIME COMMITTED WAS RAPE IN THE FIRST DEGREE AS
3 DEFINED IN SECTION 130.35, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE AS
4 DEFINED IN SECTION 130.50, AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE
5 AS DEFINED IN SECTION 130.70 OR COURSE OF SEXUAL CONDUCT AGAINST A CHILD
6 IN THE FIRST DEGREE AS DEFINED IN SECTION 130.75 OF THIS CHAPTER;
7 (H) SUCH PERIOD SHALL BE FOR THE LIFE OF A PERSON WHENEVER A DETERMI-
8 NATE SENTENCE OF IMPRISONMENT IS IMPOSED PURSUANT TO SUBDIVISION THREE
9 OF SECTION 70.02 OF THIS ARTICLE UPON A CONVICTION OF A CLASS D VIOLENT
10 FELONY OFFENSE WHEN THE CRIME COMMITTED WAS SEXUAL ABUSE IN THE FIRST
11 DEGREE AS DEFINED IN SECTION 130.65 WHEN THE OTHER PERSON IS LESS THAN
12 ELEVEN YEARS OLD OR COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE
13 SECOND DEGREE AS DEFINED IN SECTION 130.80 OF THIS CHAPTER.
14 S 2. Section 803 of the correction law is amended by adding a new
15 subdivision 1-b to read as follows:
16 1-B. A PERSON SERVING A DETERMINATE SENTENCE WHO IS SUBJECT TO THE
17 PERIOD OF POST-RELEASE SUPERVISION ESTABLISHED IN PARAGRAPH (G) OR (H)
18 OF SUBDIVISION TWO OF SECTION 70.45 OF THE PENAL LAW SHALL NOT BE ENTI-
19 TLED TO ANY GOOD BEHAVIOR ALLOWANCE ESTABLISHED IN THIS SECTION.
20 S 3. This act shall take effect on the first of November next succeed-
21 ing the date on which it shall have become a law; provided however that
22 the amendments to section 803 of the correction law made by section two
23 of this act shall survive the expiration and reversion of such section
24 as provided in subdivision d of section 74 of chapter 3 of the laws of
25 1995, as amended.