STATE OF NEW YORK
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8148
2015-2016 Regular Sessions
IN ASSEMBLY
June 10, 2015
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Introduced by M. of A. WOZNIAK -- read once and referred to the Commit-
tee 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.
LBD11378-01-5
A. 8148 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.
