A04249 Summary:

BILL NOA04249
 
SAME ASNo Same As
 
SPONSORMontesano (MS)
 
COSPNSRRaia, McDonough, Friend, Colton
 
MLTSPNSRCrouch, Palmesano
 
Amd §70.71, Pen L
 
Relates to sentences of imprisonment for class A felony drug offenders.
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A04249 Actions:

BILL NOA04249
 
02/01/2019referred to codes
01/08/2020referred to codes
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A04249 Committee Votes:

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A04249 Floor Votes:

There are no votes for this bill in this legislative session.
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A04249 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4249
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2019
                                       ___________
 
        Introduced  by  M.  of  A. MONTESANO, RAIA, McDONOUGH, FRIEND, COLTON --
          Multi-Sponsored by -- M. of A. CROUCH,  PALMESANO  --  read  once  and
          referred to the Committee on Codes
 
        AN  ACT to amend the penal law, in relation to sentences of imprisonment
          for class A felony drug offenders

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (b)  of  subdivision 2 of section 70.71 of the
     2  penal law, as added by chapter 738 of the laws of 2004,  is  amended  to
     3  read as follows:
     4    (b)  Authorized sentence. The court shall impose a determinate term of
     5  imprisonment which shall be imposed by the court in whole or half  years
     6  and  which  shall  include  as  a  part thereof a period of post-release
     7  supervision in accordance with section 70.45 of this article. The  terms
     8  authorized for such determinate sentences are as follows:
     9    (i)  for  a  class  A-I felony, the term shall be at least [eight] ten
    10  years and shall not exceed [twenty] twenty-five years;
    11    (ii) for a class A-II felony, the term shall be at least [three]  five
    12  years and shall not exceed [ten] fifteen years.
    13    § 2. Paragraph (b) of subdivision 3 of section 70.71 of the penal law,
    14  as  added  by  chapter  738  of  the laws of 2004, is amended to read as
    15  follows:
    16    (b) Authorized sentence. When the court  has  found  pursuant  to  the
    17  provisions  of  section  400.21  of  the  criminal  procedure law that a
    18  defendant is a second felony drug offender who  stands  convicted  of  a
    19  class  A  felony as defined in article two hundred twenty or two hundred
    20  twenty-one of  this  chapter,  the  court  shall  impose  a  determinate
    21  sentence  of  imprisonment. Such determinate sentence shall include as a
    22  part thereof a period of post-release  supervision  in  accordance  with
    23  section  70.45  of  this  article.  Such  determinate  sentence shall be
    24  imposed by the court in whole or half years as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08306-01-9

        A. 4249                             2
 
     1    (i) for a class A-I felony,  the  term  shall  be  at  least  [twelve]
     2  fifteen years and shall not exceed [twenty-four] thirty years;
     3    (ii)  for  a  class  A-II felony, the term shall be at least [six] ten
     4  years and shall not exceed [fourteen] twenty years.
     5    § 3. Paragraph (b) of subdivision 4 of section 70.71 of the penal law,
     6  as added by chapter 738 of the laws of  2004,  is  amended  to  read  as
     7  follows:
     8    (b)  Authorized  sentence.  When  the  court has found pursuant to the
     9  provisions of section 400.21  of  the  criminal  procedure  law  that  a
    10  defendant is a second felony drug offender whose prior felony conviction
    11  was  a  violent  felony,  who  stands  convicted  of a class A felony as
    12  defined in article two hundred twenty or two hundred twenty-one of  this
    13  chapter,  the court shall impose a determinate sentence of imprisonment.
    14  Such determinate sentence shall include as a part thereof  a  period  of
    15  post-release  supervision in accordance with section 70.45 of this arti-
    16  cle. Such determinate sentence shall be imposed by the court in whole or
    17  half years as follows:
    18    (i) for a class A-I felony, the term shall be at least [fifteen] twen-
    19  ty years and shall not exceed thirty years;
    20    (ii) for a class A-II felony, the term shall be at least  [eight]  ten
    21  years and shall not exceed [seventeen] twenty years.
    22    § 4. This act shall take effect on the first of November next succeed-
    23  ing  the  date  on  which  it shall have become a law and shall apply to
    24  sentences issued on or after such date.
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