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- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the calculation of sentences for class A drug offenses
In Assembly Committee · Codes · Sponsor Jeffrion Aubry
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to a change in calculating sentences that involve class A drug offenses
Purpose
This measure would amend the Penal Law to provide that defendants who are sentenced to more than one indeterminate or determinate sentence, at least one of which is a Class A drug felony, shall be eligible for merging of the sentences under Penal Law § 70.30.
Justification
The 2004 Drug Law Reform Act (L. 2004, c. 738) is most notable for replacing life sentences for Class A felonies with determinate sentences. As with any major legislative reform, however, conse- quences often arise that may be unintended as the new statute is applied to defendants in real-world situations. We have identified one such consequence that calls for corrective legislation. The measure involves the technical rules in calculating sentences for defendants who have been sentenced to consecutive terms. Under current rules for calculating multiple sentences, consecutive terms are often merged by operation of law under Penal Law .70.30(1)(e). The aggregate maximum terms for consecutive crimes are added together and then, based on the seriousness of the crimes, if the aggregate maximum exceeds a certain level, the law automatically adjusts the maximum term to that level. This provision, however, is not triggered when one of the crimes is for a Class A felony. The reason for this exclusion is presumably because A felonies have always carried mandatory life sentences, and therefore no merger of sentences was deemed either necessary or warranted. Class A drug felonies, however, no longer carry a mandatory life term. Unfortunately, the DLRA did not address Penal Law §70.30(1)(e) when it abolished life sentences for Class A drug felonies. Thus, as it stands now, a person who has committed several violent crimes may be treated less harshly than one who has committed a similar number of drug felonies, at least one of which is a Class A felony. This measure removes that impediment.
Legislative history
New bill.
Fiscal implications
This measure would have no meaningful fiscal impact on the State.
Effective date
This bill would take effect on the first day of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.