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

                                  7963

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2009
                               ___________

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.