Bill Text: NY S05046 | 2023-2024 | General Assembly | Introduced

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Bill Title: Makes a crime while in or upon metropolitan transportation authority property an A-1 felony; provides sentencing guidelines for such crime.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S05046 Detail]

Download: New_York-2023-S05046-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5046

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 22, 2023
                                       ___________

        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, in relation to crimes committed on metro-
          politan transportation authority property

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The penal law is amended by adding a new section 70.09 to
     2  read as follows:
     3  § 70.09 Sentence of imprisonment for crimes committed while in  or  upon
     4            metropolitan transportation authority property.
     5    1.  Under this section, metropolitan transportation authority property
     6  shall include any building, facility, property, vehicle or train  owned,
     7  leased or operated by the metropolitan transportation authority.
     8    2. When a person is convicted of a crime while in or upon metropolitan
     9  transportation  authority  property, the crime shall be deemed to be one
    10  category higher than the specified offense the defendant  committed,  or
    11  one category higher than the offense level applicable to the defendant's
    12  conviction  for  an attempt or conspiracy to commit a specified offense,
    13  whichever is applicable.
    14    3. Notwithstanding any other  provision  of  law,  when  a  person  is
    15  convicted  of a crime pursuant to this section and the specified offense
    16  is a class B felony:
    17    (a) the maximum term of the indeterminate sentence must  be  at  least
    18  six  years  if  the  defendant is sentenced pursuant to section 70.00 of
    19  this chapter;
    20    (b) the term of the determinate sentence must be at least eight  years
    21  if the defendant is sentenced pursuant to section 70.02 of this chapter;
    22    (c) the term of the determinate sentence must be at least twelve years
    23  if the defendant is sentenced pursuant to section 70.04 of this chapter;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08766-01-3
        S. 5046                             2

     1    (d)  the  maximum  term of the indeterminate sentence must be at least
     2  four years if the defendant is sentenced pursuant to  section  70.05  of
     3  this chapter; and
     4    (e)  the maximum term of the indeterminate sentence or the term of the
     5  determinate sentence must be at least ten  years  if  the  defendant  is
     6  sentenced pursuant to section 70.06 of this chapter.
     7    4.  Notwithstanding  any  other  provision  of  law,  when a person is
     8  convicted of a crime pursuant to this section and the specified  offense
     9  is  a class A-1 felony, the minimum period of the indeterminate sentence
    10  shall be not less than twenty years.
    11    § 2. This act shall take effect immediately.