STATE OF NEW YORK
________________________________________________________________________
3078
2017-2018 Regular Sessions
IN ASSEMBLY
January 26, 2017
___________
Introduced by M. of A. McKEVITT, GRAF, KOLB -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to consecutive sentences and
the calculation of sentences in certain instances involving arson
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 70.25 of the penal law, as amended
2 by chapter 56 of the laws of 1984, is amended to read as follows:
3 2. When more than one sentence of imprisonment is imposed on a person
4 for two or more offenses committed through a single act or omission, or
5 through an act or omission which in itself constituted one of the
6 offenses and also was a material element of the other, the sentences,
7 except if one or more of such sentences is for a violation of section
8 270.20 of this chapter, must run concurrently. Provided however, that
9 if one or more of such sentences is for a violation of article one
10 hundred fifty of this chapter, the sentences must run consecutively.
11 § 2. Paragraph (e) of subdivision 1 of section 70.30 of the penal law,
12 as amended by chapter 3 of the laws of 1995, is amended to read as
13 follows:
14 (e) (i) Except as provided in subparagraph (ii), (iii)[,] or (iv)[,
15 (v), (vi) or (vii)] of this paragraph, the aggregate maximum term of
16 consecutive sentences, all of which are indeterminate sentences or all
17 of which are determinate sentences, imposed for two or more crimes,
18 other than two or more crimes that include a class A felony or a violent
19 felony offense as defined in section 70.02 of this article, committed
20 prior to the time the person was imprisoned under any of such sentences
21 shall, if it exceeds twenty years, be deemed to be twenty years, unless
22 one of the sentences was imposed for a class B felony, in which case the
23 aggregate maximum term shall, if it exceeds thirty years, be deemed to
24 be thirty years. Where the aggregate maximum term of two or more inde-
25 terminate consecutive sentences is reduced by calculation made pursuant
26 to this paragraph, the aggregate minimum period of imprisonment, if it
27 exceeds one-half of the aggregate maximum term as so reduced, shall be
28 deemed to be one-half of the aggregate maximum term as so reduced;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04682-01-7
A. 3078 2
1 (ii) Where the aggregate maximum term of two or more consecutive
2 sentences, one or more of which is a determinate sentence and one or
3 more of which is an indeterminate sentence, imposed for two or more
4 crimes, other than two or more crimes that include a class A felony or a
5 violent felony offense as defined in section 70.02 of this article,
6 committed prior to the time the person was imprisoned under any of such
7 sentences, exceeds twenty years, and none of the sentences was imposed
8 for a class B felony, the following rules shall apply:
9 (A) if the aggregate maximum term of the determinate sentence or
10 sentences exceeds twenty years, the defendant shall be deemed to be
11 serving [to] a determinate sentence of twenty years.
12 (B) if the aggregate maximum term of the determinate sentence or
13 sentences is less than twenty years, the defendant shall be deemed to be
14 serving an indeterminate sentence the maximum term of which shall be
15 deemed to be twenty years. In such instances, the minimum sentence shall
16 be deemed to be ten years or six-sevenths of the term or aggregate maxi-
17 mum term of the determinate sentence or sentences, whichever is greater.
18 (iii) Where the aggregate maximum term of two or more consecutive
19 sentences, one or more of which is a determinate sentence and one or
20 more of which is an indeterminate sentence, imposed for two or more
21 crimes, other than two or more crimes that include a class A felony or a
22 violent felony offense as defined in section 70.02 of this article,
23 [commmitted] committed prior to the time the person was imprisoned under
24 any of such sentences, exceeds thirty years, and one of the sentences
25 was imposed for a class B felony, the following rules shall apply:
26 (A) if the aggregate maximum term of the determinate sentence or
27 sentences exceeds thirty years, the defendant shall be deemed to be
28 serving a determinate sentence of thirty years;
29 (B) if the aggregate maximum term of the determinate sentence or
30 sentences is less than thirty years, the defendant shall be deemed to be
31 serving an indeterminate sentence the maximum term of which shall be
32 deemed to be thirty years. In such instances, the minimum sentence shall
33 be deemed to be fifteen years or six-sevenths of the term or aggregate
34 maximum term of the determinate sentence or sentences, whichever is
35 greater.
36 (iv) [Notwithstanding subparagraph (i) of this paragraph, the aggre-
37 gate maximum term of consecutive sentences, all of which are indetermi-
38 nate sentences or all of which are determinate sentences, imposed for
39 the conviction of two violent felony offenses committed prior to the
40 time the person was imprisoned under any of such sentences and one of
41 which is a class B violent felony offense, shall, if it exceeds forty
42 years, be deemed to be forty years
43 (v) Notwithstanding subparagraphs (ii) and (iii) of this paragraph,
44 where the aggregate maximum term of two or more consecutive sentences,
45 one or more of which is a determinate sentence and one or more of which
46 is an indeterminate sentence, and where such sentences are imposed for
47 the conviction of two violent felony offenses committed prior to the
48 time the person was imprisoned under any such sentences and where one of
49 which is a class B violent felony offense, the following rules shall
50 apply:
51 (A) if the aggregate maximum term of the determinate sentence or
52 sentences exceeds forty years, the defendant shall be deemed to be serv-
53 ing a determinate sentence of forty years;
54 (B) if the aggregate maximum term of the determinate sentence or
55 sentences is less than forty years, the defendant shall be deemed to be
56 serving an indeterminate sentence the maximum term of which shall be
A. 3078 3
1 deemed to be forty years. In such instances, the minimum sentence shall
2 be deemed to be twenty years or six-sevenths of the term or aggregate
3 maximum term of the determinate sentence or sentences, whichever is
4 greater.
5 (vi) Notwithstanding subparagraphs (i) and (iv) of this paragraph, the
6 aggregate maximum term of consecutive sentences, all of which are inde-
7 terminate or all of which are determinate sentences, imposed for the
8 conviction of three or more violent felony offenses committed prior to
9 the time the person was imprisoned under any of such sentences and one
10 of which is a class B violent felony offense, shall, if it exceeds fifty
11 years, be deemed to be fifty years;
12 (vii) Notwithstanding subparagraphs (ii), (iii) and (v) of this para-
13 graph, where the aggregate maximum term of two or more consecutive
14 sentences, one or more of which is a determinate sentence and one or
15 more of which is an indeterminate sentence, and where such sentences are
16 imposed for the conviction of three or more violent felony offenses
17 committed prior to the time the person was imprisoned under any such
18 sentences and one of which is a class B violent felony offense, the
19 following rules shall apply:
20 (A) if the aggregate maximum term of the determinate sentence or
21 sentences exceeds fifty years, the defendant shall be deemed to be serv-
22 ing a determinate sentence of fifty years.
23 (B) if the aggregate maximum term of the determinate sentence or
24 sentences is less than fifty years, the defendant shall be deemed to be
25 serving an indeterminate sentence the maximum term of which shall be
26 deemed to be fifty years. In such instances, the minimum sentence shall
27 be deemed to be twenty-five years or six-sevenths of the term or aggre-
28 gate maximum term of the determinate sentence or sentences, whichever is
29 greater.
30 (viii)] Notwithstanding any provision of this subdivision to the
31 contrary where a person is serving two or more consecutive sentences,
32 such sentences having been imposed for two or more crimes, other than
33 two or more crimes that include a class A felony or a violent felony
34 offense as defined in section 70.02 of this article, one or more of
35 which is an indeterminate sentence and one or more of which is a deter-
36 minate sentence, and if he would be eligible for a reduction provision
37 pursuant to this subdivision if the maximum term or aggregate maximum
38 term of the indeterminate sentence or sentences were added to the term
39 or aggregate maximum term of the determinate sentence or sentences, the
40 person shall be deemed to be eligible for the applicable reduction
41 provision and the rules set forth in this subdivision shall apply.
42 § 3. Section 150.15 of the penal law, as amended by chapter 225 of the
43 laws of 1979, is amended to read as follows:
44 § 150.15 Arson in the second degree.
45 A person is guilty of arson in the second degree when he intentionally
46 damages a building or motor vehicle by starting an explosion or a fire,
47 and when (a) another person who is not a participant in the crime is
48 present in such building or motor vehicle at the time, and (b) the
49 defendant knows that fact or the circumstances are such as to render the
50 presence of such a person therein a reasonable possibility.
51 Arson in the second degree is a class B felony.
52 § 4. This act shall take effect on the sixtieth day after it shall
53 have become a law, provided that the amendments to paragraph (e) of
54 subdivision 1 of section 70.30 of the penal law made by section two of
55 this act shall not affect the expiration of such paragraph and shall be
56 deemed to expire therewith.