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Assembly Bill A5120

2009-2010 Legislative Session

Provides that minimum sentence of imprisonment of juvenile offender convicted of murder in the second degree shall be between 15 and 25 years

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Archive: Last Bill Status - In Assembly Committee

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2009-A5120 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง70.05, Pen L

2009-A5120 (ACTIVE) - Summary

Provides that the minimum sentence of imprisonment to be imposed upon a juvenile offender convicted of murder in the second degree shall be not less than 15 years, nor more than 25 years.

2009-A5120 (ACTIVE) - Bill Text download pdf

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

                                  5120

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M. of A. GIGLIO, WALKER, KOLB, FINCH, ERRIGO, CALHOUN --
  Multi-Sponsored by -- M. of A.  BURLING,  CROUCH,  HAWLEY,  McDONOUGH,
  McKEVITT -- read once and referred to the Committee on Codes

AN  ACT  to  amend the penal law, in relation to the minimum sentence of
  imprisonment for juvenile offenders convicted of murder in the  second
  degree

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

  Section 1.  Paragraph (a) of subdivision 3 of  section  70.05  of  the
penal  law, as amended by chapter 174 of the laws of 2003, is amended to
read as follows:
  (a) For the class A felony of murder in the second degree, the minimum
period of imprisonment shall be fixed by the court and shall be not less
than [five] FIFTEEN years but shall not exceed [nine] TWENTY-FIVE  years
[provided,  however, that where the sentence is for an offense specified
in subdivision one or two of section 125.25  of  this  chapter  and  the
defendant was fourteen or fifteen years old at the time of such offense,
the  minimum  period  of  imprisonment  shall be not less than seven and
one-half years but shall not exceed fifteen years];
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05125-01-9


              

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