Bill Text: NY A00964 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to sentencing involving persistent felony offenders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A00964 Detail]

Download: New_York-2015-A00964-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          964
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 8, 2015
                                      ___________
       Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the penal law, in relation to sentencing
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 70.10 of the penal law, as amended
    2  by chapter 7 of the laws of 2007, is amended to read as follows:
    3    2. Authorized sentence. When the court  has  found,  pursuant  to  the
    4  provisions  of the criminal procedure law, that a person is a persistent
    5  felony offender, and when it is of the  opinion  that  the  history  and
    6  character  of  the  defendant and the nature and circumstances of his OR
    7  HER criminal conduct indicate that extended incarceration and  life-time
    8  supervision  will  best serve the public interest, the court, in lieu of
    9  imposing the sentence  of  imprisonment  authorized  by  section  70.00,
   10  70.02, 70.04, 70.06 or subdivision five of section 70.80 OF THIS ARTICLE
   11  for  the  crime  of  which  such  person presently stands convicted, may
   12  impose [the sentence of imprisonment authorized by that  section  for  a
   13  class A-I felony] AN INDETERMINATE SENTENCE OF IMPRISONMENT. THE MAXIMUM
   14  TERM  OF THE INDETERMINATE SENTENCE OF IMPRISONMENT SHALL BE LIFE IMPRI-
   15  SONMENT, AND THE MINIMUM PERIOD OF  IMPRISONMENT  OF  THE  INDETERMINATE
   16  SENTENCE  SHALL BE FIXED BY THE COURT AT NOT LESS THAN FIFTEEN YEARS NOR
   17  MORE THAN TWENTY-FIVE YEARS.  In such event the reasons for the  court's
   18  opinion shall be set forth in the record.
   19    S  2.  This act shall take effect immediately; provided, however, that
   20  this act shall apply to offenses committed on or  after  such  effective
   21  date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03057-01-5