Blankenbush, Brown K, Fitzpatrick, Friend, Miller M, Palmesano, Ra
Amd §70.45, Pen L; amd §803, Cor L
Requires lifetime post-release supervision for offenders convicted of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, course of sexual conduct against a child in the first and second degrees or sexual abuse in the first degree when the other person is less than eleven years old; prohibits good behavior allowances against a determinate sentence for a person convicted of any such crimes.
STATE OF NEW YORK
________________________________________________________________________
5014
2021-2022 Regular Sessions
IN ASSEMBLY
February 10, 2021
___________
Introduced by M. of A. BARCLAY, MONTESANO, HAWLEY, DiPIETRO, BRABENEC,
SMITH, J. M. GIGLIO, MIKULIN, B. MILLER, ASHBY, MANKTELOW, REILLY,
JENSEN, GALLAHAN, DURSO, LEMONDES, NORRIS, LAWLER, DeSTEFANO, SIMPSON
-- Multi-Sponsored by -- M. of A. BLANKENBUSH, BROWN, FITZPATRICK,
FRIEND, M. MILLER, PALMESANO, RA -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to requiring lifetime post-
release supervision for certain offenders; and to amend the correction
law, in relation to prohibiting good behavior allowances against
certain determinate sentences
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (e) and (f) of subdivision 2 of section 70.45 of
2 the penal law, as amended by chapter 31 of the laws of 2019, are amended
3 and two new paragraphs (g) and (h) are added to read as follows:
4 (e) such period shall be not less than one and one-half years nor more
5 than three years whenever a determinate sentence of imprisonment is
6 imposed pursuant to subdivision three of section 70.02 of this article
7 or subdivision two or eight of section 60.12 of this title upon a
8 conviction of a class D or class E violent felony offense or subdivision
9 four, five, six, or seven of section 60.12 of this title, except when a
10 determinate sentence of imprisonment is imposed pursuant to subdivision
11 three of section 70.02 of this article upon a conviction for one of the
12 crimes listed in paragraph (h) of this subdivision;
13 (f) such period shall be not less than two and one-half years nor more
14 than five years whenever a determinate sentence of imprisonment is
15 imposed pursuant to subdivision three of section 70.02 of this article
16 or subdivision two or eight of section 60.12 of this title upon a
17 conviction of a class B or class C violent felony offense[.] except when
18 a determinate sentence of imprisonment is imposed pursuant to subdivi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02554-01-1
A. 5014 2
1 sion three of section 70.02 of this article upon a conviction for one of
2 the crimes listed in paragraph (g) of this subdivision;
3 (g) such period shall be for the life of a person whenever a determi-
4 nate sentence of imprisonment is imposed pursuant to subdivision three
5 of section 70.02 of this article upon a conviction of a class B violent
6 felony offense when the crime committed was rape in the first degree as
7 defined in section 130.35, criminal sexual act in the first degree as
8 defined in section 130.50, aggravated sexual abuse in the first degree
9 as defined in section 130.70 or course of sexual conduct against a child
10 in the first degree as defined in section 130.75 of this chapter;
11 (h) such period shall be for the life of a person whenever a determi-
12 nate sentence of imprisonment is imposed pursuant to subdivision three
13 of section 70.02 of this article upon a conviction of a class D violent
14 felony offense when the crime committed was sexual abuse in the first
15 degree as defined in section 130.65 when the other person is less than
16 eleven years old or course of sexual conduct against a child in the
17 second degree as defined in section 130.80 of this chapter.
18 § 2. Section 803 of the correction law is amended by adding a new
19 subdivision 1-b to read as follows:
20 1-b. A person serving a determinate sentence who is subject to the
21 period of post-release supervision established in paragraph (g) or (h)
22 of subdivision two of section 70.45 of the penal law shall not be enti-
23 tled to any good behavior allowance established in this section.
24 § 3. This act shall take effect on the first of November next succeed-
25 ing the date on which it shall have become a law; provided however that
26 the amendments to section 803 of the correction law made by section two
27 of this act shall survive the expiration and reversion of such section
28 as provided in subdivision d of section 74 of chapter 3 of the laws of
29 1995, as amended.
