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A02342 Summary:

BILL NOA02342
 
SAME ASNo Same As
 
SPONSORTedisco
 
COSPNSR
 
MLTSPNSRBarclay, Butler, Crouch, Duprey, Finch, Hawley, Kolb, Miller, Montesano, Oaks, Palmesano, Raia, Tenney, Thiele
 
Amd SS70.00 & 70.08, rpld S70.08 sub 3, Pen L
 
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.
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A02342 Memo:

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.
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