What's happening
This bill requires minimum prison terms of ten years for specified government corruption felonies.
Why it matters
Statewide sentencing. Courts across New York would have to impose minimum prison terms of at least ten years for the listed convictions, including bribe receiving and defrauding the government.
Less judicial discretion. Judges could no longer use the alternative sentence of one year or less for listed crimes classified as class D or E felonies.
Higher sentencing limits. When the new minimum exceeds the otherwise applicable maximum, the bill would allow a maximum term of up to thirteen years.
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Who cares
Public servants facing corruption charges
Conviction of a listed felony would carry a mandatory minimum prison term of at least ten years.
Criminal court judges
The bill would require longer minimum sentences and eliminate a shorter sentencing option for covered convictions.
Prosecutors and defense attorneys
The mandatory minimum would change the sentencing consequences of convictions for the listed offenses.
Headline styles
Require Ten-Year Corruption Sentences
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 111
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1456
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to providing for a mandatory ten-year minimum sentence of imprisonment for certain felony convictions of public servants
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 70.00 of the penal law is amended by adding a new closing paragraph to read as follows:
Provided, however, where the minimum period of imprisonment established by paragraph (b) of subdivision three of this section exceeds the maximum term of imprisonment established by this subdivision, such maximum term of imprisonment shall not exceed thirteen years.
§ 2. Paragraph (b) of subdivision 3 and subdivision 4 of section 70.00 of the penal law, paragraph (b) of subdivision 3 as amended by chapter 746 of the laws of 2006 and subdivision 4 as amended by chapter 738 of the laws of 2004, are amended to read as follows:
(b) For any other felony, the minimum period shall be fixed by the court and specified in the sentence and shall be not less than one year nor more than one-third of the maximum term imposed; provided, however, the court shall fix a minimum period of at least ten years when the sentence is for a conviction of section 195.20 (defrauding the government); section 200.10 (bribe receiving in the third degree); section 200.11 (bribe receiving in the second degree); section 200.12 (bribe receiving in the first degree); section 200.25 (receiving reward for official misconduct in the second degree); section 200.27 (receiving reward for official misconduct in the first degree); section 200.50 (bribe receiving for public office); section 496.02 (corrupting the government in the fourth degree); section 496.03 (corrupting the government in the third degree); section 496.04 (corrupting the government in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06443-01-9
A. 1456 2
the second degree); section 496.05 (corrupting the government in the first degree) or section 496.06 (public corruption).
4. Alternative definite sentence for class D and E felonies. When a person, other than a second or persistent felony offender or a person sentenced for any of the crimes listed in paragraph (b) of subdivision three of this section, is sentenced for a class D or class E felony, and the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose an indeterminate or determinate sentence, the court may impose a definite sentence of imprisonment and fix a term of one year or less.
§ 3. This act shall take effect immediately.
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.