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Assembly Bill A3222

2009-2010 Legislative Session

Increases the sentences for certain offenses committed by youthful offenders to standards that are above the current levels but fall below those imposed on adults

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Archive: Last Bill Status - In Assembly Committee

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2009-A3222 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง70.05, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A6465

2009-A3222 (ACTIVE) - Summary

Increases the sentences for certain felony grade offenses committed by juvenile offenders to standards that are above the current levels but fall below those imposed on adults; notably, for the A felony of murder in the second degree the term has a maximum of life imprisonment and no minimum.

2009-A3222 (ACTIVE) - Bill Text download pdf 

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

                                  3222

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced by M. of A. KOON, CHRISTENSEN, JOHN, MAGEE -- Multi-Sponsored
  by  --  M. of A.   MAYERSOHN, MORELLE -- read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to increasing  sentences  for
  certain juvenile offenders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 3 of section 70.05 of the penal law,  as
added by chapter 481 of the laws of 1978, paragraph (e) of subdivision 2
as added and paragraph (c) of subdivision 3 as amended by chapter 435 of
the laws of 1998, and paragraph (a) of subdivision 3 as amended by chap-
ter 174 of the laws of 2003, are amended to read as follows:
  2.  Maximum  term  of  sentence.  The maximum term of an indeterminate
sentence for a juvenile offender shall be [at least three years and  the
term shall be] fixed as follows:
  (a)  For  the  class A felony of murder in the second degree, the term
shall be life imprisonment;
  (b) For the class A felony of arson in the first degree,  or  for  the
class A felony of kidnapping in the first degree the term shall be fixed
by  the  court,  and shall be at least twelve years but shall not exceed
fifteen years;
  (c) For a class B felony, the term shall be fixed by  the  court,  and
shall BE AT LEAST FOUR YEARS BUT SHALL not exceed [ten] FIFTEEN years;
  (d)  For  a  class C felony, the term shall be fixed by the court, and
shall not exceed [seven] TEN years; and
  (e) For a class D felony, the term shall be fixed by  the  court,  and
shall BE AT LEAST THREE YEARS BUT SHALL not exceed [four] SEVEN years.
  3.  Minimum period of imprisonment. The minimum period of imprisonment
under an indeterminate sentence for a juvenile offender shall be  speci-
fied in the sentence as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02347-01-9

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