What's happening
This bill changes sentencing for persistent felony offenders in New York to an indeterminate sentence of 15 to 25 years to life.
Why it matters
Narrows judicial discretion by setting a specific sentencing range. for persistent felony offenders, requiring courts to impose a minimum of 15 and a maximum of 25 years before eligibility for parole, rather than the broader and less defined previous sentencing framework.
Affects both defendants and victims by standardizing punishment. , making sentences more predictable for repeat offenders and potentially impacting plea negotiations, incarceration rates, and public perceptions of justice.
Shifts the focus of sentencing from the offense to the offender’s history. , reinforcing the idea that repeat felony offenses merit stronger penalties and lifetime supervision, which could have significant implications for rehabilitation opportunities and recidivism rates.
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Who cares
Headline styles
Change Persistent Felon Sentencing
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History
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- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1638
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. ABINANTI -- 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 Assembly, do enact as follows:
Section 1. Subdivision 2 of section 70.10 of the penal law, as amended by chapter 7 of the laws of 2007, is amended to read as follows:
2. Authorized sentence. When the court has found, pursuant to the provisions of the criminal procedure law, that a person is a persistent felony offender, and when it is of the opinion that the history and character of the defendant and the nature and circumstances of his or her criminal conduct indicate that extended incarceration and life-time supervision will best serve the public interest, the court, in lieu of imposing the sentence of imprisonment authorized by section 70.00, 70.02, 70.04, 70.06 or subdivision five of section 70.80 of this article for the crime of which such person presently stands convicted, may impose [the sentence of imprisonment authorized by that section for a class A-I felony] an indeterminate sentence of imprisonment. The maximum term of the indeterminate sentence of imprisonment shall be life imprisonment, and the minimum period of imprisonment of the indeterminate sentence shall be fixed by the court at not less than fifteen years nor more than twenty-five years. In such event the reasons for the court's opinion shall be set forth in the record.
§ 2. This act shall take effect immediately; provided, however, that this act shall apply to offenses committed on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03378-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.