S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4445
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     April 1, 2013
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Crime Victims,  Crime  and
         Correction
       AN  ACT  to  amend  the correction law and the penal law, in relation to
         prohibiting good behavior allowances for certain offenses and increas-
         ing penalties for certain violent felonies
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (c)  of  subdivision  1  of section 803 of the
    2  correction law, as amended by section 37 of subpart B of part C of chap-
    3  ter 62 of the laws of 2011, is amended to read as follows:
    4    (c) A person  serving  a  determinate  sentence  of  imprisonment  may
    5  receive  time  allowance  against the term of his or her sentence not to
    6  exceed one-seventh of the term imposed by the court;  PROVIDED  HOWEVER,
    7  THAT NO PERSON CONVICTED OF A VIOLENT FELONY OFFENSE PURSUANT TO SECTION
    8  70.02  OF  THE  PENAL LAW SHALL BE ELIGIBLE FOR GOOD BEHAVIOR ALLOWANCES
    9  PURSUANT TO THIS SECTION OR ANY OTHER SECTION OF LAW.
   10    S 2. Subdivision 3 of section 70.08 of the penal  law  is  amended  by
   11  adding a new paragraph (a-2) to read as follows:
   12    (A-2)  WHERE  THE  PREDICATE  VIOLENT FELONIES ARE AT LEAST CLASS B OR
   13  ABOVE, A DEFENDANT CONVICTED OF AGGRAVATED ASSAULT UPON A POLICE OFFICER
   14  OR A PEACE OFFICER PURSUANT TO SECTION 120.11 OF THIS CHAPTER  SHALL  BE
   15  SENTENCED TO LIFE WITHOUT PAROLE PURSUANT TO SUBDIVISION FIVE OF SECTION
   16  70.00 OF THIS ARTICLE.
   17    S  3.  Subdivision  5 of section 70.00 of the penal law, as amended by
   18  chapter 482 of the laws of 2009, is amended to read as follows:
   19    5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
   20  provision  of  law,  a  defendant sentenced to life imprisonment without
   21  parole shall not  be  or  become  eligible  for  parole  or  conditional
   22  release.  For  purposes of commitment and custody, other than parole and
   23  conditional release, such sentence shall be deemed to be  an  indetermi-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07341-01-3
       S. 4445                             2
    1  nate  sentence.  A defendant may be sentenced to life imprisonment with-
    2  out parole upon conviction for the crime of murder in the  first  degree
    3  as  defined in section 125.27 of this chapter and in accordance with the
    4  procedures  provided  by  law  for imposing a sentence for such crime. A
    5  defendant must be sentenced to life  imprisonment  without  parole  upon
    6  conviction  for  the  crime of terrorism as defined in section 490.25 of
    7  this chapter, where the specified offense the defendant committed  is  a
    8  class  A-I felony; the crime of criminal possession of a chemical weapon
    9  or biological weapon in the first degree as defined in section 490.45 of
   10  this chapter; or the crime of criminal  use  of  a  chemical  weapon  or
   11  biological  weapon  in  the first degree as defined in section 490.55 of
   12  this chapter; provided, however, that nothing in this subdivision  shall
   13  preclude  or  prevent  a  sentence  of  death when the defendant is also
   14  convicted of the crime of murder in  the  first  degree  as  defined  in
   15  section  125.27  of this chapter.  A defendant must be sentenced to life
   16  imprisonment without parole upon conviction for the crime of  murder  in
   17  the  second  degree  as defined in subdivision five of section 125.25 of
   18  this chapter or for the crime of aggravated murder as defined in  subdi-
   19  vision  one  of  section  125.26  of  this  chapter.  A defendant may be
   20  sentenced to life imprisonment without parole upon  conviction  for  the
   21  crime  of  aggravated  murder  as  defined in subdivision two of section
   22  125.26 of this chapter.  A DEFENDANT MUST BE SENTENCED TO  LIFE  WITHOUT
   23  PAROLE  UPON A CONVICTION OF AGGRAVATED ASSAULT UPON A POLICE OFFICER OR
   24  A PEACE OFFICER PURSUANT TO SECTION 120.11 OF THIS CHAPTER,  WHERE  SUCH
   25  CONVICTION  IS  THE THIRD VIOLENT FELONY OFFENSE FOR WHICH THE DEFENDANT
   26  HAS BEEN CONVICTED.
   27    S 4. This act shall take effect immediately; provided, that the amend-
   28  ments to paragraph (c) of subdivision 1 of section 803 of the correction
   29  law made by section one of this act shall not affect the  expiration  of
   30  such  section and shall be deemed to expire therewith; provided, further
   31  however that the amendments to subdivision 3 of  section  70.08  of  the
   32  penal  law  made by section two of this act shall survive the expiration
   33  and reversion of such subdivision as provided in section 74 of chapter 3
   34  of the laws of 1995, as amended.