STATE OF NEW YORK
________________________________________________________________________
10339
IN ASSEMBLY
April 10, 2018
___________
Introduced by M. of A. SCHIMMINGER -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to enacting the "Benny A.
Lyde's law"
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Benny A. Lyde's law".
3 § 2. Paragraph (a) of subdivision 3 of section 70.02 of the penal law,
4 as amended by chapter 765 of the laws of 2005, is amended to read as
5 follows:
6 (a) For a class B felony, the term must be at least five years and
7 must not exceed twenty-five years, provided, however, that the term must
8 be: (i) at least ten years and must not exceed thirty years where the
9 sentence is for the crime of aggravated assault upon a police officer or
10 peace officer as defined in section 120.11 of this chapter; [and] (ii)
11 at least ten years and must not exceed thirty years where the sentence
12 is for the crime of aggravated manslaughter in the first degree as
13 defined in section 125.22 of this chapter; and (iii) at least ten years
14 and must not exceed thirty years where the sentence is for the crime of
15 assault in the first degree as defined in section 120.10 of this chap-
16 ter, the victim of such crime was twenty-one years of age or younger;
17 § 3. This act shall take effect on the one hundred eightieth day after
18 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14253-03-8