 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5446
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 10, 2023
                                       ___________
 
        Introduced  by  M. of A. COOK -- 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  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 60.02 of the penal law, as amended
     2  by chapter 471 of the laws of 1980, is amended to read as follows:
     3    (2)  If the sentence is to be imposed upon a youthful offender finding
     4  which has been substituted for a conviction for any  felony,  the  court
     5  must  impose a sentence authorized to be imposed upon a person convicted
     6  of a class E felony [provided, however, that the court must not impose a
     7  sentence of conditional discharge  or  unconditional  discharge  if  the
     8  youthful  offender  finding was substituted for a conviction of a felony
     9  defined in article two hundred twenty of this chapter],  as  hereinafter
    10  provided:
    11    (a)  If the youthful offender finding was substituted for a conviction
    12  of a felony defined in article two hundred twenty or two  hundred  twen-
    13  ty-one  of  this  chapter,  then  the sentence shall be as authorized by
    14  section 60.04 of this article for a class E felony, and if a determinate
    15  sentence of imprisonment is imposed, the corresponding period  of  post-
    16  release supervision provided for that class E felony by section 70.45 of
    17  this title shall also be imposed.
    18    (b)  If the youthful offender finding was substituted for a conviction
    19  of any other felony, then the sentence shall be as authorized by section
    20  60.01 of this article for a sentence upon a  conviction  of  a  class  E
    21  felony offense; provided, however, that if the youthful offender finding
    22  was  substituted for a conviction of a violent felony offense as defined
    23  in section 70.02 of this title or a felony sex  offense  as  defined  in
    24  paragraph  (a)  of  subdivision one of section 70.80 of this title and a
    25  sentence of imprisonment in excess of one year is imposed to  be  served
    26  in  a  facility  of  the  state  department of corrections and community
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08258-01-3
        A. 5446                             2
 
     1  supervision is imposed, the sentence shall be the  determinate  sentence
     2  of  imprisonment  authorized  for such class E violent felony offense or
     3  felony sex offense, and the corresponding period of post-release  super-
     4  vision provided for such class E felony by section 70.45 of this title.
     5    §  2.  This act shall take effect immediately; provided, however, that
     6  this act shall apply to offenses committed on or  after  such  effective
     7  date.
Relates to sentencing

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