STATE OF NEW YORK
________________________________________________________________________
850
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
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Introduced by M. of A. McDONOUGH, KOLB, BURLING, BARCLAY -- Multi-Spon-
sored by -- M. of A. SAYWARD, TOWNSEND -- read once and referred to
the Committee on Correction
AN ACT to amend the correction law and the penal law, in relation to
permitting hard labor for violent felons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 171 of the correction law is amended by adding two
2 new subdivisions 3 and 4 to read as follows:
3 3. In addition to the sentence of imprisonment authorized pursuant to
4 the provisions of section 70.02 of the penal law, the court may sentence
5 any violent felony offender convicted of the commission of a violent
6 felony offense defined in section 70.02 of the penal law, to a specific
7 enhanced punishment of hard labor. Pursuant to such a sentence, punish-
8 ment of hard labor shall be supervised and provided for by the commis-
9 sioner and the superintendents and officials of state correctional
10 facilities and penitentiaries in such a manner as shall be consistent
11 with section twenty-four of article three of the constitution.
12 4. The state commission of correction is authorized to promulgate such
13 rules and regulations as are necessary to effectuate the purposes of
14 this section.
15 § 2. The penal law is amended by adding a new section 70.21 to read as
16 follows:
17 § 70.21 Additional sentence of hard labor for violent felony offenders.
18 In addition to any other sentence authorized by law, the court may
19 sentence any violent felony offender convicted of the commission of a
20 violent felony offense as defined in section 70.02 of this article, to a
21 specific enhanced punishment of hard labor.
22 § 3. This act shall take effect on the first of November next succeed-
23 ing the date on which it shall have become a law and shall apply to
24 sentences imposed on and after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01404-01-9
