Bill Text: NY A00850 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the correction law and the penal law, in relation to permitting hard labor for violent felons

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2010-05-11 - held for consideration in correction [A00850 Detail]

Download: New_York-2009-A00850-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          850
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       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    S 2. The penal law is amended by adding a new section 70.21 to read as
   16  follows:
   17  S 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    S 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