S T A T E O F N E W Y O R K
________________________________________________________________________
5444
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to the sentencing of certain
murder offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2-a of section 70.25 of the penal law, as
amended by section 40 of chapter 7 of the laws of 2007, is amended to
read as follows:
2-a. When an indeterminate or determinate sentence of imprisonment is
imposed pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision
three or four of section 70.70, subdivision three or four of section
70.71 [or], subdivision five of section 70.80 OR SECTIONS 125.25,
125.26, OR 125.27 AS SENTENCED PURSUANT TO SECTION 70.00 of this arti-
cle, and such person is subject to an undischarged indeterminate or
determinate sentence of imprisonment imposed prior to the date on which
the present crime was committed, the court must impose a sentence to run
consecutively with respect to such undischarged sentence.
S 2. Subdivision 2-a of section 70.25 of the penal law, as amended by
section 41 of chapter 7 of the laws of 2007, is amended to read as
follows:
2-a. When an indeterminate or determinate sentence of imprisonment is
imposed pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision
three or four of section 70.70, subdivision three or four of section
70.71 [or], subdivision five of section 70.80 OR SECTIONS 125.25,
125.26, OR 125.27 AS SENTENCED PURSUANT TO SECTION 70.00 of this arti-
cle, and such person is subject to an undischarged indeterminate
sentence of imprisonment imposed prior to the date on which the present
crime was committed, the court must impose a sentence to run consec-
utively with respect to such undischarged sentence.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05557-01-9
A. 5444 2
S 3. This act shall take effect immediately, provided that the amend-
ments to subdivision 2-a of the penal law made by section one of this
act shall be subject to the expiration and reversion of such subdivision
pursuant to subdivision d of section 74 of chapter 3 of the laws of
1995, as amended, when upon such date the provisions of section two of
this act shall take effect.