What's happening
This bill reduces the minimum prison sentence for class D violent felonies from two years to one and one-half years.
Why it matters
Reduces the mandatory minimum prison time for class D violent felonies. , meaning more discretion for judges and potentially shorter sentences for certain offenders, which can impact prison populations and state correctional costs.
Maintains higher minimums for specific crimes. like menacing a police officer or certain weapons offenses, signaling that the most serious or targeted violent conduct remains subject to stricter sentencing.
Applies only to offenses committed after the law takes effect. , so its impact will be forward-looking, not retroactive, affecting only new cases and not providing relief to those already sentenced under the old minimums.
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Who cares
Headline styles
Reduce Minimum Felony Sentence
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1689
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. MOSLEY -- 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. Paragraph (c) of subdivision 3 of section 70.02 of the penal law, as amended by chapter 1 of the laws of 2013, is amended to read as follows:
(c) For a class D felony, the term must be at least [two] one and one-half years and must not exceed seven years, provided, however, that the term must be: (i) at least two years and must not exceed eight years where the sentence is for the crime of menacing a police officer or peace officer as defined in section 120.18 of this chapter; and (ii) at least three and one-half years and must not exceed seven years where the sentence is imposed for the crime of criminal possession of a weapon in the third degree as defined in subdivision ten of section 265.02 of this chapter;
§ 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.
LBD04012-01-7
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.