STATE OF NEW YORK
________________________________________________________________________
7693
2013-2014 Regular Sessions
IN ASSEMBLY
May 30, 2013
___________
Introduced by M. of A. COOK -- read once and referred to the Committee
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 60.02 of the penal law, as amended
2 by chapter 471 of the laws of 1980, is amended to read as follows:
3 (2) If the sentence is to be imposed upon a youthful offender finding
4 which has been substituted for a conviction for any felony, the court
5 must impose a sentence authorized to be imposed upon a person convicted
6 of a class E felony [provided, however, that the court must not impose a
7 sentence of conditional discharge or unconditional discharge if the
8 youthful offender finding was substituted for a conviction of a felony
9 defined in article two hundred twenty of this chapter], as hereinafter
10 provided:
11 (a) If the youthful offender finding was substituted for a conviction
12 of a felony defined in article two hundred twenty or two hundred twen-
13 ty-one of this chapter, then the sentence shall be as authorized by
14 section 60.04 of this article for a class E felony, and if a determinate
15 sentence of imprisonment is imposed, the corresponding period of post-
16 release supervision provided for that class E felony by section 70.45 of
17 this title shall also be imposed. In addition to such authorized
18 sentences, if the defendant meets the requirements of subdivision two of
19 section 60.14 of this article, a court may impose the parole supervision
20 sentence authorized by that section.
21 (b) If the youthful offender finding was substituted for a conviction
22 of any other felony, then the sentence shall be as authorized by section
23 60.01 of this article for a sentence upon a conviction of a class E
24 felony offense; provided, however, that if the youthful offender finding
25 was substituted for a conviction of a violent felony offense as defined
26 in section 70.02 of this title or a felony sex offense as defined in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10859-01-3
A. 7693 2
1 paragraph (a) of subdivision one of section 70.80 of this title and a
2 sentence of imprisonment in excess of one year is imposed to be served
3 in a facility of the state department of corrections and community
4 supervision is imposed, the sentence shall be the determinate sentence
5 of imprisonment authorized for such class E violent felony offense or
6 felony sex offense, and the corresponding period of post-release super-
7 vision provided for such class E felony by section 70.45 of this title.
8 § 2. This act shall take effect immediately; provided, however, that
9 this act shall apply to offenses committed on or after such effective
10 date.
