What's happening
This bill increases minimum and maximum prison sentences for class A felony drug offenders, including repeat and violent offenders.
Why it matters
Significantly lengthens mandatory prison terms for the most serious drug felonies (Class A-I and A-II), meaning some individuals will serve much longer time in prison, especially for repeat or violent offenders.
Raises both minimum and maximum possible sentences, reducing judicial flexibility and potentially increasing the number of people incarcerated for longer periods, which can impact prison populations and state budgets.
Targets repeat offenders and those with violent felony histories for even harsher penalties, which may be intended as a deterrent but could also disproportionately affect certain communities or individuals with prior records.
Could shift the balance in plea negotiations, as prosecutors and defense attorneys must now contend with higher sentencing floors, possibly leading to fewer plea deals and more trials.
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Who cares
Headline styles
Increase Drug Felony Sentences
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5251
2017-2018 Regular Sessions
IN ASSEMBLY
February 7, 2017
Introduced by M. of A. MONTESANO, RAIA, McDONOUGH, MURRAY, FRIEND, COLTON -- Multi-Sponsored by -- M. of A. CROUCH, McKEVITT, PALMESANO -- read once and referred to the Committee 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 Assembly, do enact as follows:
Section 1. Paragraph (b) of subdivision 2 of section 70.71 of the penal law, as added by chapter 738 of the laws of 2004, is amended to read as follows:
(b) Authorized sentence. The court shall impose a determinate term of imprisonment which shall be imposed by the court in whole or half years and which shall include as a part thereof a period of post-release supervision in accordance with section 70.45 of this article. The terms authorized for such determinate sentences are as follows:
(i) for a class A-I felony, the term shall be at least [eight] ten years and shall not exceed [twenty] twenty-five years;
(ii) for a class A-II felony, the term shall be at least [three] five years and shall not exceed [ten] fifteen years.
§ 2. Paragraph (b) of subdivision 3 of section 70.71 of the penal law, as added by chapter 738 of the laws of 2004, is amended to read as follows:
(b) Authorized sentence. When the court has found pursuant to the provisions of section 400.21 of the criminal procedure law that a defendant is a second felony drug offender who stands convicted of a class A felony as defined in article two hundred twenty or two hundred twenty-one of this chapter, the court shall impose a determinate sentence of imprisonment. Such determinate sentence shall include as a part thereof a period of post-release supervision in accordance with section 70.45 of this article. Such determinate sentence shall be 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.
LBD08595-01-7
A. 5251 2
(i) for a class A-I felony, the term shall be at least [twelve] fifteen years and shall not exceed [twenty-four] thirty years;
(ii) for a class A-II felony, the term shall be at least [six] ten years and shall not exceed [fourteen] twenty years.
§ 3. Paragraph (b) of subdivision 4 of section 70.71 of the penal law, as added by chapter 738 of the laws of 2004, is amended to read as follows:
(b) Authorized sentence. When the court has found pursuant to the provisions of section 400.21 of the criminal procedure law that a defendant is a second felony drug offender whose prior felony conviction was a violent felony, who stands convicted of a class A felony as defined in article two hundred twenty or two hundred twenty-one of this chapter, the court shall impose a determinate sentence of imprisonment. Such determinate sentence shall include as a part thereof a period of post-release supervision in accordance with section 70.45 of this article. Such determinate sentence shall be imposed by the court in whole or half years as follows:
(i) for a class A-I felony, the term shall be at least [fifteen] twenty years and shall not exceed thirty years;
(ii) for a class A-II felony, the term shall be at least [eight] ten years and shall not exceed [seventeen] twenty years.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law and shall apply to sentences issued on or after such date.
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.