STATE OF NEW YORK
________________________________________________________________________
964
2015-2016 Regular Sessions
IN ASSEMBLY
January 8, 2015
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Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to sentencing
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 70.10 of the penal law, as amended
2 by chapter 7 of the laws of 2007, is amended to read as follows:
3 2. Authorized sentence. When the court has found, pursuant to the
4 provisions of the criminal procedure law, that a person is a persistent
5 felony offender, and when it is of the opinion that the history and
6 character of the defendant and the nature and circumstances of his or
7 her criminal conduct indicate that extended incarceration and life-time
8 supervision will best serve the public interest, the court, in lieu of
9 imposing the sentence of imprisonment authorized by section 70.00,
10 70.02, 70.04, 70.06 or subdivision five of section 70.80 of this article
11 for the crime of which such person presently stands convicted, may
12 impose [the sentence of imprisonment authorized by that section for a
13 class A-I felony] an indeterminate sentence of imprisonment. The maximum
14 term of the indeterminate sentence of imprisonment shall be life impri-
15 sonment, and the minimum period of imprisonment of the indeterminate
16 sentence shall be fixed by the court at not less than fifteen years nor
17 more than twenty-five years. In such event the reasons for the court's
18 opinion shall be set forth in the record.
19 § 2. This act shall take effect immediately; provided, however, that
20 this act shall apply to offenses committed on or after such effective
21 date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03057-01-5
