Bill Text: NY S06038 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to enhancing sentencing of repeat felons.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Engrossed - Dead) 2018-05-01 - referred to codes [S06038 Detail]
Download: New_York-2017-S06038-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6038--A 2017-2018 Regular Sessions IN SENATE May 10, 2017 ___________ Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the correction law and the penal law, in relation to sentencing of repeat felons The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 800 of the correction law, as amended by chapter 2 653 of the laws of 1974, is amended to read as follows: 3 § 800. Applicability. [The] 1. Except as provided in subdivision two 4 of this section, the provisions of this article shall apply, to the 5 exclusion of all other provisions of this chapter relating to good 6 behavior allowances, where sentence has been imposed pursuant to the 7 provisions of the penal law as enacted by chapter ten hundred thirty of 8 the laws of nineteen hundred sixty-five, as amended, or where the 9 sentence is a reformatory sentence of imprisonment. Matters not express- 10 ly covered herein or covered in such penal law shall be governed by such 11 other provisions of law as may be applicable. 12 2. This article shall not apply to the following: 13 (a) second violent felony offenders as defined by section 70.04 of the 14 penal law; 15 (b) second felony offenders as defined by section 70.06 of the penal 16 law; 17 (c) persons eligible for sentencing under section 70.07 of the penal 18 law governing second child sexual assault felonies; 19 (d) persistent violent felony offenders as defined by section 70.08 of 20 the penal law; and 21 (e) persistent felony offenders as defined by section 70.10 of the 22 penal law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10606-03-7S. 6038--A 2 1 § 2. Subdivision 3 of section 70.04 of the penal law, as amended by 2 chapter 3 of the laws of 1995, is amended to read as follows: 3 3. Term of sentence. The term of a determinate sentence for a second 4 violent felony offender must be fixed by the court as follows: 5 (a) For a class B felony, the term must be at least [ten] fourteen 6 years and must not exceed twenty-five years; 7 (b) For a class C felony, the term must be at least [seven] nine years 8 and must not exceed fifteen years; and 9 (c) For a class D felony, the term must be at least [five] six years 10 and must not exceed seven years. 11 (d) For a class E felony, the term must be at least three and one-half 12 years and must not exceed four years. 13 § 3. Subdivisions 2, 3 and 6 of section 70.06 of the penal law, subdi- 14 visions 2 and 3 as amended by chapter 7 of the laws of 2007 and subdivi- 15 sion 6 as added by chapter 3 of the laws of 1995, are amended to read as 16 follows: 17 2. Authorized sentence. Except as provided in subdivision [five or] 18 six of this section, or as provided in subdivision five of section 70.80 19 of this article, when the court has found, pursuant to the provisions of 20 the criminal procedure law, that a person is a second felony offender 21 the court must impose [an indeterminate] a determinate sentence of 22 imprisonment. The [maximum] term of such sentence must be in accordance 23 with the provisions of subdivision three of this section [and the mini-24mum period of imprisonment under such sentence must be in accordance25with subdivision four of this section]. 26 3. [Maximum term] Term of sentence. Except as provided in subdivision 27 [five or] six of this section, or as provided in subdivision five of 28 section 70.80 of this article, the [maximum] term of [an indeterminate] 29 a determinate sentence for a second felony offender must be fixed by the 30 court as follows: 31 (a) For a class A-II felony, the term must be [life imprisonment] at 32 least fifteen years and must not exceed twenty-five years; 33 (b) For a class B felony, the term must be at least [nine] thirteen 34 years and must not exceed twenty-five years; 35 (c) For a class C felony, the term must be at least [six] eight years 36 and must not exceed fifteen years; 37 (d) For a class D felony, the term must be at least [four] five years 38 and must not exceed seven years; and 39 (e) For a class E felony, the term must be at least three and one-half 40 years and must not exceed four years; provided, however, that where the 41 sentence is for the class E felony offense specified in section 240.32 42 of this chapter, the maximum term must be at least three and one-half 43 years and must not exceed five years. 44 6. Determinate sentence. When the court has found, pursuant to the 45 provisions of the criminal procedure law, that a person is a second 46 felony offender and the sentence to be imposed on such person is for a 47 violent felony offense, as defined in subdivision one of section 70.02 48 of this article, the court must impose a determinate sentence of impri- 49 sonment the term of which must be fixed by the court as follows: 50 (a) For a class B violent felony offense, the term must be at least 51 [eight] fifteen years and must not exceed twenty-five years; 52 (b) For a class C violent felony offense, the term must be at least 53 [five] ten years and must not exceed fifteen years; 54 (c) For a class D violent felony offense, the term must be at least 55 [three] seven years and must not exceed [seven] nine years; andS. 6038--A 3 1 (d) For a class E violent felony offense, the term must be at least 2 [two] five years and must not exceed [four] six years. 3 § 4. Paragraphs (a) and (b) of subdivision 4 of section 70.07 of the 4 penal law, as amended by chapter 107 of the laws of 2006, are amended to 5 read as follows: 6 (a) where the defendant stands convicted of such sexual assault 7 against a child and such conviction is for a class A-II or class B felo- 8 ny offense, and the predicate conviction for such sexual assault against 9 a child is for a class A-II, class B or class C felony offense, the 10 court shall impose [an indeterminate] a determinate sentence of impri- 11 sonment, the [maximum] term [of which shall be life and the minimum12period of which shall be at least fifteen years and no more than twen-13ty-five years] must be at least twenty-five years and must not exceed 14 sixty years; 15 (b) where the defendant stands convicted of such sexual assault 16 against a child and the conviction is for a class C felony offense, and 17 the predicate conviction for such sexual assault against a child is for 18 a class A-II, class B or class C felony offense, the court shall impose 19 a determinate sentence of imprisonment, the term of which must be at 20 least twelve years and must not exceed thirty years; provided however, 21 that if the court determines that a longer sentence is warranted, the 22 court shall set forth on the record the reasons for such determination 23 and, in lieu of imposing such sentence of imprisonment, may impose [an24indeterminate] a determinate sentence of imprisonment, the [maximum] 25 term [of which shall be life and the minimum period of which shall be at26least fifteen years and no more than twenty-five years] must be at least 27 twenty-five years and must not exceed fifty years; 28 § 5. Section 70.45 of the penal law is amended by adding a new subdi- 29 vision 3-a to read as follows: 30 3-a. Conditions of post-release supervision; specific cases. For 31 persons who have been sentenced pursuant to section 70.02, 70.04, 70.06, 32 70.07, 70.08 or 70.10 of this article, the board of parole shall impose 33 as a condition of post-release supervision that the repeat felony offen- 34 der or violent felony offender be required to wear a tracking device for 35 a period of at least six months after release such that at any time the 36 board of parole can access where he or she is located. 37 § 6. This act shall take effect on the first of November next succeed- 38 ing the date on which it shall have become a law, provided that the 39 amendments to subdivision 3 of section 70.04 and subdivisions 2 and 3 of 40 section 70.06 of the penal law made by sections two and three of this 41 act shall not affect the expiration of such subdivisions and shall 42 expire and be deemed repealed therewith; and provided, further, that the 43 amendments to subdivision 6 of section 70.06 of the penal law made by 44 section three of this act shall not affect the repeal of such subdivi- 45 sion and shall be deemed repealed therewith.
