Bill Text: NY A04504 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the penal law, in relation to increasing the minimum and maximum terms of imprisonment to which juvenile offenders are subject for felony acts
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2010-01-06 - referred to codes [A04504 Detail]
Download: New_York-2009-A04504-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4504
2009-2010 Regular Sessions
I N A S S E M B L Y
February 4, 2009
___________
Introduced by M. of A. MAYERSOHN, SCHIMMINGER, ORTIZ -- Multi-Sponsored
by -- M. of A. BACALLES, DIAZ, ENGLEBRIGHT, GALEF, HOOPER, KOON --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to increasing the minimum and
maximum terms of imprisonment to which juvenile offenders are subject
for felony acts
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 70.05 of the penal law, as added
2 by chapter 481 of the laws of 1978, paragraph (e) as added by chapter
3 435 of the laws of 1998, is amended to read as follows:
4 2. Maximum term of sentence. The maximum term of an indeterminate
5 sentence for a juvenile offender [shall be at least three years and the
6 term] shall be fixed as follows:
7 (a) For the class A felony of murder in the second degree, the term
8 shall be life imprisonment;
9 (b) For the class A felony of arson in the first degree, or for the
10 class A felony of kidnapping in the first degree the term shall be fixed
11 by the court, and shall be at least twelve years but shall not exceed
12 fifteen years;
13 (c) For a class B felony, the term shall be fixed by the court, and
14 shall [not exceed ten] BE AT LEAST SEVEN YEARS BUT SHALL NOT EXCEED
15 TWELVE years;
16 (d) For a class C felony, the term shall be fixed by the court, and
17 shall BE AT LEAST THREE YEARS BUT SHALL not exceed seven years; and
18 (e) For a class D felony, the term shall be fixed by the court and
19 shall BE AT LEAST TWO YEARS BUT SHALL not exceed four years.
20 S 2. Subdivision 3 of section 70.05 of the penal law, as added by
21 chapter 481 of the laws of 1978, paragraph (a) as amended by chapter 174
22 of the laws of 2003 and paragraph (c) as amended by chapter 435 of the
23 laws of 1998, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04378-01-9
A. 4504 2
1 3. Minimum period of imprisonment. The minimum period of imprison-
2 ment under an indeterminate sentence for a juvenile offender shall be
3 specified in the sentence as follows:
4 (a) For the class A felony of murder in the second degree, the minimum
5 period of imprisonment shall be fixed by the court and shall be not less
6 than five years but shall not exceed nine years provided, however, that
7 where the sentence is for an offense specified in subdivision one or two
8 of section 125.25 of this chapter and the defendant was fourteen or
9 fifteen years old at the time of such offense, the minimum period of
10 imprisonment shall be not less than [seven] TEN and one-half years but
11 shall not exceed [fifteen] TWENTY years;
12 (b) For the class A felony of arson in the first degree, or for the
13 class A felony of kidnapping in the first degree, the minimum period of
14 imprisonment shall be fixed by the court and shall be not less than
15 [four] FIVE years but shall not exceed [six] TEN years; and
16 (c) For a class B, C or D felony, the minimum period of imprisonment
17 shall be fixed by the court at [one-third] ONE-HALF of the maximum term
18 imposed.
19 S 3. This act shall take effect on the first of November next succeed-
20 ing the date on which it shall have become a law.
