Bill Text: NY A01989 | 2021-2022 | General Assembly | Introduced
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) 2022-01-05 - referred to codes [A01989 Detail]
Download: New_York-2021-A01989-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1989 2021-2022 Regular Sessions IN ASSEMBLY January 14, 2021 ___________ 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 than10twenty-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. LBD07019-01-1A. 1989 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 chapter, 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.