S T A T E   O F   N E W   Y O R K
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                                  6369

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

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:

  Section 1. Subdivision 2 of section 60.02 of the penal law, as amended
by chapter 471 of the laws of 1980, is amended to read as follows:
  (2)  If the sentence is to be imposed upon a youthful offender finding
which has been substituted for a conviction for any  felony,  the  court
must  impose a sentence authorized to be imposed upon a person convicted
of a class E felony [provided, however, that the court must not impose a
sentence of conditional discharge  or  unconditional  discharge  if  the
youthful  offender  finding was substituted for a conviction of a felony
defined in article two hundred twenty of this chapter],  AS  HEREINAFTER
PROVIDED:
  (A)  IF THE YOUTHFUL OFFENDER FINDING WAS SUBSTITUTED FOR A CONVICTION
OF A FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO  HUNDRED  TWEN-
TY-ONE  OF  THIS  CHAPTER,  THEN  THE SENTENCE SHALL BE AS AUTHORIZED BY
SECTION 60.04 OF THIS ARTICLE FOR A CLASS E FELONY, AND IF A DETERMINATE
SENTENCE  OF  IMPRISONMENT  IS  IMPOSED,  THE  CORRESPONDING  PERIOD  OF
POST-RELEASE  SUPERVISION  PROVIDED  FOR  THAT CLASS E FELONY BY SECTION
70.45 OF THIS TITLE SHALL ALSO BE IMPOSED.
  (B) IF THE YOUTHFUL OFFENDER FINDING WAS SUBSTITUTED FOR A  CONVICTION
OF ANY OTHER FELONY, THEN THE SENTENCE SHALL BE AS AUTHORIZED BY SECTION
60.01  OF  THIS  ARTICLE  FOR  A SENTENCE UPON A CONVICTION OF A CLASS E
FELONY OFFENSE; PROVIDED, HOWEVER, THAT IF THE YOUTHFUL OFFENDER FINDING
WAS SUBSTITUTED FOR A CONVICTION OF A VIOLENT FELONY OFFENSE AS  DEFINED
IN  SECTION  70.02  OF  THIS TITLE OR A FELONY SEX OFFENSE AS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.80 OF THIS  TITLE  AND  A
SENTENCE  OF  IMPRISONMENT IN EXCESS OF ONE YEAR IS IMPOSED TO BE SERVED
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.
                                                           LBD07108-01-5
              

A. 6369                             2

SUPERVISION  IS  IMPOSED, THE SENTENCE SHALL BE THE DETERMINATE SENTENCE
OF IMPRISONMENT AUTHORIZED FOR SUCH CLASS E VIOLENT  FELONY  OFFENSE  OR
FELONY  SEX OFFENSE, AND THE CORRESPONDING PERIOD OF POST-RELEASE SUPER-
VISION PROVIDED FOR SUCH CLASS E FELONY BY SECTION 70.45 OF THIS TITLE.
  S  2.  This act shall take effect immediately; provided, however, that
this act shall apply to offenses committed on or  after  such  effective
date.