Bill Text: NY A07299 | 2019-2020 | General Assembly | Introduced

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Bill Title: Allows judges to impose a sentence of life imprisonment with or without parole for certain felony offenses.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A07299 Detail]

Download: New_York-2019-A07299-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7299
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 22, 2019
                                       ___________
        Introduced by M. of A. BARNWELL -- Multi-Sponsored by -- M. of A. KIM --
          read once and referred to the Committee on Codes
        AN  ACT to amend the penal law, in relation to allowing judges to impose
          a sentence of imprisonment with or without parole for  certain  felony
          offenses
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (ii) of paragraph  (a)  of  subdivision  3  of
     2  section 70.00 of the penal law, as amended by chapter 107 of the laws of
     3  2006, is amended to read as follows:
     4    (ii)  For  a  class A-II felony, such minimum period shall not be less
     5  than three years nor more than eight years four months, except that  for
     6  the  class A-II felony of predatory sexual assault as defined in section
     7  130.95 of this chapter or the class  A-II  felony  of  predatory  sexual
     8  assault  against  a  child as defined in section 130.96 of this chapter,
     9  such minimum period shall be not less than  ten  years  [nor  more  than
    10  twenty-five  years].  At  sentencing, the presiding judge shall have the
    11  option of imposing a sentence  of  life  imprisonment  with  or  without
    12  parole  if  the defendant is found guilty of violating section 130.95 or
    13  130.96 of this chapter.
    14    § 2. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
    15  as amended by chapter 189 of the laws of 2018, is  amended  to  read  as
    16  follows:
    17    (a)  Class  B  violent felony offenses: an attempt to commit the class
    18  A-I felonies of murder in  the  second  degree  as  defined  in  section
    19  125.25, kidnapping in the first degree as defined in section 135.25, and
    20  arson  in the first degree as defined in section 150.20; manslaughter in
    21  the first degree as defined in section 125.20,  aggravated  manslaughter
    22  in  the  first  degree  as  defined in section 125.22, rape in the first
    23  degree as defined in section 130.35, criminal sexual act  in  the  first
    24  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02216-01-9
        A. 7299                             2
     1  first degree as defined in section  130.70,  course  of  sexual  conduct
     2  against  a  child  in  the  first  degree  as defined in section 130.75;
     3  assault in the first degree as defined in section 120.10, kidnapping  in
     4  the  second  degree  as defined in section 135.20, burglary in the first
     5  degree as defined in section 140.30,  arson  in  the  second  degree  as
     6  defined  in  section  150.15,  robbery in the first degree as defined in
     7  section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
     8  subdivision  five  of  section  230.34,  sex  trafficking  of a child as
     9  defined in section 230.34-a, incest in the first degree  as  defined  in
    10  section  255.27,  criminal possession of a weapon in the first degree as
    11  defined in section 265.04, criminal use of a firearm in the first degree
    12  as defined in section 265.09, criminal sale of a firearm  in  the  first
    13  degree  as  defined  in section 265.13, aggravated assault upon a police
    14  officer or a peace officer as defined in section 120.11, gang assault in
    15  the first degree as defined in section 120.07, intimidating a victim  or
    16  witness  in  the  first  degree  as defined in section 215.17, hindering
    17  prosecution of terrorism in the  first  degree  as  defined  in  section
    18  490.35, criminal possession of a chemical weapon or biological weapon in
    19  the  second  degree  as defined in section 490.40, and criminal use of a
    20  chemical weapon or biological weapon in the third degree as  defined  in
    21  section  490.47.  For  those felony offenses defined in sections 130.35,
    22  130.50, 130.70, 130.75 and 255.27 of this article,  at  sentencing,  the
    23  presiding  judge  shall  have  the option of imposing a sentence of life
    24  imprisonment with or without parole.
    25    § 3. This act shall take effect immediately.