Bill Text: NY A05833 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to providing for a mandatory ten-year minimum sentence of imprisonment for certain felony convictions of public servants.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A05833 Detail]
Download: New_York-2017-A05833-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5833 2017-2018 Regular Sessions IN ASSEMBLY February 16, 2017 ___________ Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to providing for a mandatory ten-year minimum sentence of imprisonment for certain felony convictions of public servants 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 70.00 of the penal law is amended 2 by adding a new closing paragraph to read as follows: 3 Provided, however, where the minimum period of imprisonment estab- 4 lished by paragraph (b) of subdivision three of this section exceeds the 5 maximum term of imprisonment established by this subdivision, such maxi- 6 mum term of imprisonment shall not exceed thirteen years. 7 § 2. Paragraph (b) of subdivision 3 and subdivision 4 of section 70.00 8 of the penal law, paragraph (b) of subdivision 3 as amended by chapter 9 746 of the laws of 2006 and subdivision 4 as amended by chapter 738 of 10 the laws of 2004, are amended to read as follows: 11 (b) For any other felony, the minimum period shall be fixed by the 12 court and specified in the sentence and shall be not less than one year 13 nor more than one-third of the maximum term imposed; provided, however, 14 the court shall fix a minimum period of at least ten years when the 15 sentence is for a conviction of section 195.20 (defrauding the govern- 16 ment); section 200.10 (bribe receiving in the third degree); section 17 200.11 (bribe receiving in the second degree); section 200.12 (bribe 18 receiving in the first degree); section 200.25 (receiving reward for 19 official misconduct in the second degree); section 200.27 (receiving 20 reward for official misconduct in the first degree); section 200.50 21 (bribe receiving for public office); section 496.02 (corrupting the 22 government in the fourth degree); section 496.03 (corrupting the govern- 23 ment in the third degree); section 496.04 (corrupting the government in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06643-01-7A. 5833 2 1 the second degree); section 496.05 (corrupting the government in the 2 first degree) or section 496.06 (public corruption). 3 4. Alternative definite sentence for class D and E felonies. When a 4 person, other than a second or persistent felony offender or a person 5 sentenced for any of the crimes listed in paragraph (b) of subdivision 6 three of this section, is sentenced for a class D or class E felony, and 7 the court, having regard to the nature and circumstances of the crime 8 and to the history and character of the defendant, is of the opinion 9 that a sentence of imprisonment is necessary but that it would be unduly 10 harsh to impose an indeterminate or determinate sentence, the court may 11 impose a definite sentence of imprisonment and fix a term of one year or 12 less. 13 § 3. This act shall take effect immediately.
