a person is convicted of an offense committed against an elderly person which is a class C, D or E felony or class A, B or unclassified misdemeanor, the offense shall be deemed to be one category higher than the offense the person committed, or attempted or conspired to commit; increases sentence where person commits a class B felony.
STATE OF NEW YORK
________________________________________________________________________
6369
2011-2012 Regular Sessions
IN ASSEMBLY
March 15, 2011
___________
Introduced by M. of A. LINARES -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to increasing penalties for
offenses committed against elderly persons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 70.12 to
2 read as follows:
3 § 70.12 Sentence of imprisonment for an offense committed against an
4 elderly person.
5 1. Definitions. For purposes of this section, the following terms
6 shall have the following meanings:
7 (a) "Elderly person" means a human being sixty years old or more.
8 (b) "Offense committed" is an offense defined by any of the following
9 provisions of this chapter: section 120.00 (assault in the third
10 degree), section 120.05 (assault in the second degree), section 120.10
11 (assault in the first degree), 120.06 (gang assault in the second
12 degree), 120.07 (gang assault in the first degree), 120.08 (assault on a
13 peace officer, police officer, fireman or emergency medical services
14 professional), section 120.13 (menacing in the first degree), section
15 120.14 (menacing in the second degree), section 120.15 (menacing in the
16 third degree), section 120.20 (reckless endangerment in the second
17 degree), section 120.25 (reckless endangerment in the first degree),
18 section 120.45 (stalking in the fourth degree), section 120.50 (stalking
19 in the third degree), section 120.55 (stalking in the second degree),
20 section 120.60 (stalking in the first degree), subdivision one of
21 section 125.15 (manslaughter in the second degree), subdivision one, two
22 or four of section 125.20 (manslaughter in the first degree), section
23 125.25 (murder in the second degree), subdivision one of section 130.35
24 (rape in the first degree), section 130.40 (criminal sexual act in the
25 third degree), section 130.45 (criminal sexual act in the second
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10137-01-1
A. 6369 2
1 degree), section 130.50 (criminal sexual act in the first degree),
2 section 130.53 (persistent sexual abuse), section 130.65 (sexual abuse
3 in the first degree), section 130.65-a (aggravated sexual abuse in the
4 fourth degree), section 130.66 (aggravated sexual abuse in the third
5 degree), section 130.67 (aggravated sexual abuse in the second degree),
6 section 130.70 (aggravated sexual abuse in the first degree), section
7 135.05 (unlawful imprisonment in the second degree), section 135.10
8 (unlawful imprisonment in the first degree), section 135.20 (kidnapping
9 in the second degree), section 135.25 (kidnapping in the first degree),
10 section 135.60 (coercion in the second degree), section 135.65 (coercion
11 in the first degree), section 140.10 (criminal trespass in the third
12 degree), section 140.15 (criminal trespass in the second degree),
13 section 140.17 (criminal trespass in the first degree), section 140.20
14 (burglary in the third degree), section 140.25 (burglary in the second
15 degree), section 140.30 (burglary in the first degree), section 145.00
16 (criminal mischief in the fourth degree), section 145.05 (criminal
17 mischief in the third degree), section 145.10 (criminal mischief in the
18 second degree), section 145.12 (criminal mischief in the first degree),
19 section 150.05 (arson in the fourth degree), section 150.10 (arson in
20 the third degree), section 150.15 (arson in the second degree), section
21 150.20 (arson in the first degree), section 155.25 (petit larceny),
22 section 155.30 (grand larceny in the fourth degree), section 155.35
23 (grand larceny in the third degree), section 155.40 (grand larceny in
24 the second degree), section 155.42 (grand larceny in the first degree),
25 section 160.05 (robbery in the third degree), section 160.10 (robbery in
26 the second degree), section 160.15 (robbery in the first degree),
27 section 240.25 (harassment in the first degree), subdivision one, two or
28 four of section 240.30 (aggravated harassment in the second degree), or
29 any attempt or conspiracy to commit any of the foregoing offenses.
30 2. Authorized sentence. (a) Notwithstanding any other provision of
31 law, when a person is convicted of an offense committed against an
32 elderly person which is a class C, D or E felony or class A, B or
33 unclassified misdemeanor, the offense shall be deemed to be one category
34 higher than the offense the person committed, or attempted or conspired
35 to commit.
36 (b) Notwithstanding any other provision of law, when a person is
37 convicted of an offense committed against an elderly person which is a
38 class B felony:
39 (i) the maximum term of the indeterminate sentence must be at least
40 six years if the defendant is sentenced pursuant to section 70.00 of
41 this article;
42 (ii) the term of the determinate sentence must be at least eight years
43 if the defendant is sentenced pursuant to section 70.02 of this article;
44 (iii) the term of the determinate sentence must be at least twelve
45 years if the defendant is sentenced pursuant to section 70.04 of this
46 article;
47 (iv) the maximum term of the indeterminate sentence must be at least
48 four years if the defendant is sentenced pursuant to section 70.05 of
49 this article; and
50 (v) the maximum term of the indeterminate sentence or the term of the
51 determinate sentence must be at least ten years if the defendant is
52 sentenced pursuant to section 70.06 of this article.
53 § 2. This act shall take effect on the one hundred eightieth day after
54 it shall have become a law.