Bill Text: NY A04965 | 2011-2012 | General Assembly | Introduced

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Bill Title: Increases minimum and maximum terms of imprisonment to which juvenile offenders are subject for class A felony acts to that which is imposed on adults; increases the maximum term for commission of a class B felony committed by a juvenile offender from not to exceed ten years to at least seven years but not to exceed twelve years; also increases the minimum terms for class A and class B felony acts.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A04965 Detail]

Download: New_York-2011-A04965-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4965
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2011
                                      ___________
       Introduced  by M. of A. MAYERSOHN, SCHIMMINGER, ORTIZ -- Multi-Sponsored
         by -- M. of A.  ENGLEBRIGHT, GALEF, HOOPER -- 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.
                                                                  LBD08647-01-1
       A. 4965                             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.