S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8078
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 18, 2013
                                      ___________
       Introduced  by M. of A. PERRY -- read once and referred to the Committee
         on 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-
   24  nate sentence.  A defendant may be sentenced to life imprisonment  with-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07341-01-3
       A. 8078                             2
    1  out  parole  upon conviction for the crime of murder in the first degree
    2  as defined in section 125.27 of this chapter and in accordance with  the
    3  procedures  provided  by  law  for imposing a sentence for such crime. A
    4  defendant  must  be  sentenced  to life imprisonment without parole upon
    5  conviction for the crime of terrorism as defined in  section  490.25  of
    6  this  chapter,  where the specified offense the defendant committed is a
    7  class A-I felony; the crime of criminal possession of a chemical  weapon
    8  or biological weapon in the first degree as defined in section 490.45 of
    9  this  chapter;  or  the  crime  of  criminal use of a chemical weapon or
   10  biological weapon in the first degree as defined in  section  490.55  of
   11  this  chapter; provided, however, that nothing in this subdivision shall
   12  preclude or prevent a sentence of  death  when  the  defendant  is  also
   13  convicted  of  the  crime  of  murder  in the first degree as defined in
   14  section 125.27 of this chapter.  A defendant must be sentenced  to  life
   15  imprisonment  without  parole upon conviction for the crime of murder in
   16  the second degree as defined in subdivision five of  section  125.25  of
   17  this  chapter or for the crime of aggravated murder as defined in subdi-
   18  vision one of section  125.26  of  this  chapter.  A  defendant  may  be
   19  sentenced  to  life  imprisonment without parole upon conviction for the
   20  crime of aggravated murder as defined  in  subdivision  two  of  section
   21  125.26  of  this chapter.  A DEFENDANT MUST BE SENTENCED TO LIFE WITHOUT
   22  PAROLE UPON A CONVICTION OF AGGRAVATED ASSAULT UPON A POLICE OFFICER  OR
   23  A  PEACE  OFFICER PURSUANT TO SECTION 120.11 OF THIS CHAPTER, WHERE SUCH
   24  CONVICTION IS THE THIRD VIOLENT FELONY OFFENSE FOR WHICH  THE  DEFENDANT
   25  HAS BEEN CONVICTED.
   26    S 4. This act shall take effect immediately; provided, that the amend-
   27  ments to paragraph (c) of subdivision 1 of section 803 of the correction
   28  law  made  by section one of this act shall not affect the expiration of
   29  such section and shall be deemed to expire therewith; provided,  further
   30  however  that  the  amendments  to subdivision 3 of section 70.08 of the
   31  penal law made by section two of this act shall survive  the  expiration
   32  and reversion of such subdivision as provided in section 74 of chapter 3
   33  of the laws of 1995, as amended.