S T A T E O F N E W Y O R K
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7963
2009-2010 Regular Sessions
I N A S S E M B L Y
April 29, 2009
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Introduced by M. of A. AUBRY -- (at request of the Office of Court
Administration) -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to a change in calculating
sentences that involve class A drug offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph (e) of subdivision 1 of
section 70.30 of the penal law, as amended by chapter 3 of the laws of
1995, is amended to read as follows:
(i) Except as provided in subparagraph (ii), (iii), (iv), (v), (vi) or
(vii) of this paragraph, the aggregate maximum term of consecutive
sentences, all of which are indeterminate sentences or all of which are
determinate sentences, imposed for two or more crimes, other than two or
more crimes that include a class A felony HAVING A MAXIMUM TERM OF LIFE
IMPRISONMENT, committed prior to the time the person was imprisoned
under any of such sentences shall, if it exceeds twenty years, be deemed
to be twenty years, unless one of the sentences was imposed for a class
B felony, in which case the aggregate maximum term shall, if it exceeds
thirty years, be deemed to be thirty years. Where the aggregate maximum
term of two or more indeterminate consecutive sentences is reduced by
calculation made pursuant to this paragraph, the aggregate minimum peri-
od of imprisonment, if it exceeds one-half of the aggregate maximum term
as so reduced, shall be deemed to be one-half of the aggregate maximum
term as so reduced;
S 2. Subparagraph (ii) of paragraph (e) of subdivision 1 of section
70.30 of the penal law, as amended by chapter 3 of the laws of 1995, is
amended to read as follows:
(ii) Where the aggregate maximum term of two or more consecutive
sentences, one or more of which is a determinate sentence and one or
more of which is an indeterminate sentence, imposed for two or more
crimes, other than two or more crimes that include a class A felony
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10109-01-9
A. 7963 2
HAVING A MAXIMUM TERM OF LIFE IMPRISONMENT, committed prior to the time
the person was imprisoned under any of such sentences, exceeds twenty
years, and none of the sentences was imposed for a class B felony, the
following rules shall apply:
(A) if the aggregate maximum term of the determinate sentence or
sentences exceeds twenty years, the defendant shall be deemed to be
serving [to] a determinate sentence of twenty years.
(B) if the aggregate maximum term of the determinate sentence or
sentences is less than twenty years, the defendant shall be deemed to be
serving an indeterminate sentence the maximum term of which shall be
deemed to be twenty years. In such instances, the minimum sentence shall
be deemed to be ten years or six-sevenths of the term or aggregate maxi-
mum term of the determinate sentence or sentences, whichever is greater.
S 3. Subparagraph (iii) of paragraph (e) of subdivision 1 of section
70.30 of the penal law, as amended by chapter 3 of the laws of 1995, is
amended to read as follows:
(iii) Where the aggregate maximum term of two or more consecutive
sentences, one or more of which is a determinate sentence and one or
more of which is an indeterminate sentence, imposed for two or more
crimes, other than two or more crimes that include a class A felony
HAVING A MAXIMUM TERM OF LIFE IMPRISONMENT, [commmitted] COMMITTED prior
to the time the person was imprisoned under any of such sentences,
exceeds thirty years, and one of the sentences was imposed for a class B
felony, the following rules shall apply:
(A) if the aggregate maximum term of the determinate sentence or
sentences exceeds thirty years, the defendant shall be deemed to be
serving a determinate sentence of thirty years;
(B) if the aggregate maximum term of the determinate sentence or
sentences is less than thirty years, the defendant shall be deemed to be
serving an indeterminate sentence the maximum term of which shall be
deemed to be thirty years. In such instances, the minimum sentence shall
be deemed to be fifteen years or six-sevenths of the term or aggregate
maximum term of the determinate sentence or sentences, whichever is
greater.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law, and shall apply to all
sentences imposed on or after such effective date; provided, however,
that the amendments made to paragraph (e) of subdivision 1 of section
70.30 of the penal law by sections one, two and three of this act shall
not affect the expiration of such paragraph and shall be deemed to
expire therewith.