BILL NUMBER: S541
SPONSOR: TEDISCO
 
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 soci-
ety. Those individuals who cannot be rehabilitated or function within
society's laws should not be set free. The category of criminal defend-
ants 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. Informa-
tion from the New York State Departm.mt 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 crimi-
nals back into society. By requiring that a defendant who has been sepa-
rately 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.
Additionally, 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, reci-
divist criminals are permanently prevented from posing a further danger
to the safe- ty of society.
 
PRIOR LEGISLATIVE HISTORY:
02/02/17: S.4036 REFERRED TO CODES
01/03/18: S.4036 REFERRED TO CODES
04/30/18: S.4036 COMMITTEE DISCHARGED AND COMMITTED TO RULES
04/30/18: S.4036 ORDERED TO THIRD READING CAL.870
05/01/18: S.4036 PASSED SENATE
05/01/18: S.4036 DELIVERED TO ASSEMBLY
05/01/18: S.4036 referred to codes
01/09/19: S.357 REFERRED TO CODES
01/08/20: S.357 REFERRED TO CODES
01/06/21: S.171 REFERRED TO CODES
01/05/22: S.171 REFERRED TO CODES
01/04/23: S.103 REFERRED TO CODES
01/03/24: S.103 REFERRED TO CODES
 
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.

Statutes affected:
S541: 70.00 penal law, 70.00(5) penal law, 70.08 penal law, 70.08(2) penal law, 70.08(3) penal law