Bill Text: NY A04249 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to sentences of imprisonment for class A felony drug offenders.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A04249 Detail]
Download: New_York-2019-A04249-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4249 2019-2020 Regular Sessions IN ASSEMBLY February 1, 2019 ___________ Introduced by M. of A. MONTESANO, RAIA, McDONOUGH, FRIEND, COLTON -- Multi-Sponsored by -- M. of A. CROUCH, PALMESANO -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to sentences of imprisonment for class A felony drug offenders The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 2 of section 70.71 of the 2 penal law, as added by chapter 738 of the laws of 2004, is amended to 3 read as follows: 4 (b) Authorized sentence. The court shall impose a determinate term of 5 imprisonment which shall be imposed by the court in whole or half years 6 and which shall include as a part thereof a period of post-release 7 supervision in accordance with section 70.45 of this article. The terms 8 authorized for such determinate sentences are as follows: 9 (i) for a class A-I felony, the term shall be at least [eight] ten 10 years and shall not exceed [twenty] twenty-five years; 11 (ii) for a class A-II felony, the term shall be at least [three] five 12 years and shall not exceed [ten] fifteen years. 13 § 2. Paragraph (b) of subdivision 3 of section 70.71 of the penal law, 14 as added by chapter 738 of the laws of 2004, is amended to read as 15 follows: 16 (b) Authorized sentence. When the court has found pursuant to the 17 provisions of section 400.21 of the criminal procedure law that a 18 defendant is a second felony drug offender who stands convicted of a 19 class A felony as defined in article two hundred twenty or two hundred 20 twenty-one of this chapter, the court shall impose a determinate 21 sentence of imprisonment. Such determinate sentence shall include as a 22 part thereof a period of post-release supervision in accordance with 23 section 70.45 of this article. Such determinate sentence shall be 24 imposed by the court in whole or half years as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08306-01-9A. 4249 2 1 (i) for a class A-I felony, the term shall be at least [twelve] 2 fifteen years and shall not exceed [twenty-four] thirty years; 3 (ii) for a class A-II felony, the term shall be at least [six] ten 4 years and shall not exceed [fourteen] twenty years. 5 § 3. Paragraph (b) of subdivision 4 of section 70.71 of the penal law, 6 as added by chapter 738 of the laws of 2004, is amended to read as 7 follows: 8 (b) Authorized sentence. When the court has found pursuant to the 9 provisions of section 400.21 of the criminal procedure law that a 10 defendant is a second felony drug offender whose prior felony conviction 11 was a violent felony, who stands convicted of a class A felony as 12 defined in article two hundred twenty or two hundred twenty-one of this 13 chapter, the court shall impose a determinate sentence of imprisonment. 14 Such determinate sentence shall include as a part thereof a period of 15 post-release supervision in accordance with section 70.45 of this arti- 16 cle. Such determinate sentence shall be imposed by the court in whole or 17 half years as follows: 18 (i) for a class A-I felony, the term shall be at least [fifteen] twen- 19 ty years and shall not exceed thirty years; 20 (ii) for a class A-II felony, the term shall be at least [eight] ten 21 years and shall not exceed [seventeen] twenty years. 22 § 4. 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 issued on or after such date.