Authorizes imposition of life imprisonment without parole sentence for persistent violent felony offenders upon conviction of a violent felony offense when such person has previously been subjected to two or more predicate violent felony convictions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2342
SPONSOR: Tedisco (MS) TITLE OF BILL: An act to amend the penal law, in relation to sentenc-
ing 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.
Section 4: Effective date.
JUSTIFICATION: Persistent violent offenders are a particularly menac-
ing threat to society. Those individuals who cannot be rehabilitated or
function within society's laws should not be set free. The category of
criminal defendants 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 Department 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.
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, recidivist crimi-
nals are permanently prevented from posing a further danger to the safe-
ty of society.
PRIOR LEGISLATIVE HISTORY: 2014: A.8833; referred to codes 2012:
A.1577, Held in Codes 2011: A.1577, Referred to Codes 2010: A.8446,
Referred to Codes 2009: A.8446, Referred to Codes 2008: A.5516, Field in
Codes 2007: A.5516, Referred to Codes. 2005/2006 - S.3157/A1071-A
(similar) - Passed Senate/Died in Assembly
Codes 2003/2004 - S.554/A1060 - Passed Senate/Died in Assem-
bly Codes 2001-2002 - S403/A1899 - Passed Senate/Died in Assembly Codes
1999/2000 - S.966/A1406 - Passed Senate/Held in Assembly Codes 1998 -
S.5624/A8917 - Passed Senate/Held in Assembly 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.
