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A09948 Summary:

BILL NOA09948
 
SAME ASNo Same As
 
SPONSORZebrowski
 
COSPNSRGunther, Galef, Jones, D'Urso, Colton, Jaffee, Rivera, Crouch, Raia, Lavine, Arroyo, Cook, Murray, Palumbo, Montesano, Mikulin, Ashby
 
MLTSPNSRBarclay, Englebright, Simon, Thiele
 
Amd 70.02, Pen L
 
Relates to the sentence of imprisonment for conspiracy to commit the class A-I felonies of murder in the second degree.
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A09948 Actions:

BILL NOA09948
 
02/27/2018referred to codes
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A09948 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9948
 
SPONSOR: Zebrowski
  TITLE OF BILL: An act to amend the penal law, in relation to the sentence of imprison- ment for conspiracy to commit the class A-I felonies of murder in the second degree   PURPOSE OR GENERAL IDEA OF BILL: This bill would amend the penal law by listing conspiracy to commit murder in the second degree as a Class B violent felony.   SUMMARY OF PROVISIONS: Section one of the bill amends section 70.02 of the penal law by adding conspiracy to commit the class A-I felonies of murder in the second degree to the list of Class B violent felonies. Section two of the bill relates to the effective date.   JUSTIFICATION: Currently, conspiracy to commit murder in the second degree is a non- violent class B felony. By designating conspiracy to commit murder as a Class B violent felony, it will recognize the severity of the crime and appropriately provide for longer sentencing. Conspiring to commit murder requires an "overt act" by the conspirator and could have resulted in the death of an individual had they been successful. This puts conspir- acy to commit murder parallel to attempted murder which is already a violent felony. This bill properly classifies this crime as a violent felony and as a result will ensure that offenders receive determinate sentences.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect on the first November next succeeding the date upon which it shall have become a law.
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A09948 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9948
 
                   IN ASSEMBLY
 
                                    February 27, 2018
                                       ___________
 
        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation to the sentence of  imprison-
          ment  for conspiracy to commit the class A-I felonies of murder in the
          second degree
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (a)  of  subdivision 1 of section 70.02 of the
     2  penal law, as amended by chapter 368 of the laws of 2015, is amended  to
     3  read as follows:
     4    (a)  Class  B  violent felony offenses: conspiracy to commit the class
     5  A-I felonies of murder in  the  second  degree  as  defined  in  section
     6  125.25;  an  attempt  to  commit the class A-I felonies of murder in the
     7  second degree as defined in section  125.25,  kidnapping  in  the  first
     8  degree  as  defined  in section 135.25, and arson in the first degree as
     9  defined in section 150.20; manslaughter in the first degree  as  defined
    10  in  section  125.20,  aggravated  manslaughter  in  the  first degree as
    11  defined in section 125.22, rape  in  the  first  degree  as  defined  in
    12  section  130.35,  criminal  sexual act in the first degree as defined in
    13  section 130.50, aggravated sexual abuse in the first degree  as  defined
    14  in section 130.70, course of sexual conduct against a child in the first
    15  degree  as  defined  in  section  130.75; assault in the first degree as
    16  defined in section 120.10, kidnapping in the second degree as defined in
    17  section 135.20, burglary in the  first  degree  as  defined  in  section
    18  140.30, arson in the second degree as defined in section 150.15, robbery
    19  in  the  first  degree  as defined in section 160.15, sex trafficking as
    20  defined in paragraphs (a) and (b) of subdivision five of section 230.34,
    21  incest in the first  degree  as  defined  in  section  255.27,  criminal
    22  possession of a weapon in the first degree as defined in section 265.04,
    23  criminal  use  of  a  firearm  in the first degree as defined in section
    24  265.09, criminal sale of a firearm in the first  degree  as  defined  in
    25  section  265.13,  aggravated  assault  upon  a police officer or a peace
    26  officer as defined in section 120.11, gang assault in the  first  degree
    27  as  defined  in  section 120.07, intimidating a victim or witness in the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14831-01-8

        A. 9948                             2
 
     1  first degree as defined in  section  215.17,  hindering  prosecution  of
     2  terrorism  in  the  first  degree as defined in section 490.35, criminal
     3  possession of a chemical weapon  or  biological  weapon  in  the  second
     4  degree  as  defined  in  section  490.40, and criminal use of a chemical
     5  weapon or biological weapon in the third degree as  defined  in  section
     6  490.47.
     7    § 2. This act shall take effect on the first of November next succeed-
     8  ing the date upon which it shall have become a law.
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