Bill Text: NY A07544 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that there shall not be a fifty year aggregate maximum term of consecutive sentences imposed for the conviction of three or more violent felony offenses one of which was a class B violent felony offense; applies upon the reversion of present provisions to their prior status.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-05-22 - held for consideration in codes [A07544 Detail]

Download: New_York-2011-A07544-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7544
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 10, 2011
                                      ___________
       Introduced by M. of A. McKEVITT -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the penal law, in relation to lifting the fifty year cap
         applicable to persons convicted of three or more violent felonies
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subparagraph (vi) of paragraph  (e)  of  subdivision  1  of
    2  section  70.30  of the penal law, as amended by chapter 3 of the laws of
    3  1995, is amended to read as follows:
    4    (vi) Notwithstanding subparagraphs (i) and  (iv)  of  this  paragraph,
    5  [the]  THERE  SHALL  NOT  BE  AN  aggregate  maximum term of consecutive
    6  sentences, all of which are indeterminate or all of which  are  determi-
    7  nate  sentences,  imposed  for  the  conviction of three or more violent
    8  felony offenses committed prior to the time the  person  was  imprisoned
    9  under any of such sentences and one of which is a class B violent felony
   10  offense[,  shall,  if  it  exceeds  fifty  years,  be deemed to be fifty
   11  years];
   12    S 2. Subparagraph (iii) of paragraph (c) of subdivision 1  of  section
   13  70.30  of  the penal law, as amended by chapter 199 of the laws of 1983,
   14  is amended to read as follows:
   15    (iii) Notwithstanding subparagraphs (i) and (ii)  of  this  paragraph,
   16  [the]  THERE  SHALL  NOT  BE  AN  aggregate  maximum term of consecutive
   17  sentences imposed for the conviction of three  or  more  violent  felony
   18  offenses committed prior to the time the person was imprisoned under any
   19  of such sentences and one of which is a class B violent felony offense[,
   20  shall, if it exceeds fifty years, be deemed to be fifty years];
   21    S  3.  This act shall take effect immediately, provided, however, that
   22  the amendments to paragraph (e) of subdivision 1 of section 70.30 of the
   23  penal law made by section one of this act shall be subject to the  expi-
   24  ration  and  reversion  of such subdivision pursuant to subdivision d of
   25  section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
   26  date the provisions of section two of this act shall take effect.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11091-01-1