 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10339
 
                   IN ASSEMBLY
 
                                     April 10, 2018
                                       ___________
 
        Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation to  enacting  the  "Benny  A.
          Lyde's law"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  "Benny A. Lyde's law".
     3    § 2. Paragraph (a) of subdivision 3 of section 70.02 of the penal law,
     4  as  amended  by  chapter  765 of the laws of 2005, is amended to read as
     5  follows:
     6    (a) For a class B felony, the term must be at  least  five  years  and
     7  must not exceed twenty-five years, provided, however, that the term must
     8  be:    (i) at least ten years and must not exceed thirty years where the
     9  sentence is for the crime of aggravated assault upon a police officer or
    10  peace officer as defined in section 120.11 of this chapter;  [and]  (ii)
    11  at  least  ten years and must not exceed thirty years where the sentence
    12  is for the crime of aggravated  manslaughter  in  the  first  degree  as
    13  defined  in section 125.22 of this chapter; and (iii) at least ten years
    14  and must not exceed thirty years where the sentence is for the crime  of
    15  assault  in  the first degree as defined in section 120.10 of this chap-
    16  ter, the victim of such crime was twenty-one years of age or younger;
    17    § 3. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14253-03-8
Enacts "Benny A. Lyde's law"

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