What's happening
This bill changes sentencing for persistent felony offenders, setting a minimum of 15-25 years to life instead of treating all as class A-I felonies.
Why it matters
Narrows sentencing discretion. for judges by establishing a defined minimum (15-25 years) for persistent felony offenders, rather than automatically treating them as class A-I felons, which could previously result in even harsher minimum sentences.
May reduce excessive sentences. for some repeat offenders by setting a cap on the minimum imprisonment period, potentially lowering overall incarceration time compared to the prior blanket application of class A-I felony sentences.
Preserves judicial consideration. of a defendant’s history and the specifics of their crimes, still requiring judges to articulate why prolonged incarceration and lifetime supervision are warranted in each case.
Applies only to future cases. , ensuring that the new sentencing rules do not retroactively alter sentences for those convicted before the law takes effect.
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Who cares
People found to be persistent felony offenders
The bill would expressly authorize a life maximum with a court-set minimum of 15 to 25 years for offenses committed on or after its effective date.
Criminal court judges
The bill would replace the reference to class A-I felony sentencing with explicit sentencing terms while retaining the required public-interest finding and reasons on the record.
Criminal defense attorneys and prosecutors
The bill would spell out the sentencing range at issue when courts consider extended incarceration and lifetime supervision for persistent felony offenders.
Headline styles
Change Persistent Felon Sentencing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1852
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
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.
LBD04527-01-9
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.