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Assembly Bill A4965

2011-2012 Legislative Session

Increases minimum and maximum terms of imprisonment to which juvenile offenders are subject for felony acts

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Archive: Last Bill Status - Stricken

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2011-A4965 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd ยง70.05, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A4504

2011-A4965 (ACTIVE) - Summary

Increases minimum and maximum terms of imprisonment to which juvenile offenders are subject for class A felony acts to that which is imposed on adults; increases the maximum term for commission of a class B felony committed by a juvenile offender from not to exceed ten years to at least seven years but not to exceed twelve years; also increases the minimum terms for class A and class B felony acts.

2011-A4965 (ACTIVE) - Bill Text download pdf 

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

                                  4965

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced  by M. of A. MAYERSOHN, SCHIMMINGER, ORTIZ -- Multi-Sponsored
  by -- M. of A.  ENGLEBRIGHT, GALEF, HOOPER -- read once  and  referred
  to the Committee on Codes

AN ACT to amend the penal law, in relation to increasing the minimum and
  maximum  terms of imprisonment to which juvenile offenders are subject
  for felony acts

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

  Section  1.  Subdivision 2 of section 70.05 of the penal law, as added
by chapter 481 of the laws of 1978, paragraph (e) as  added  by  chapter
435 of the laws of 1998, is 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  [not  exceed  ten]  BE  AT LEAST SEVEN YEARS BUT SHALL NOT EXCEED
TWELVE years;
  (d)  For a class C felony, the term shall be fixed by the  court,  and
shall BE AT LEAST THREE YEARS BUT SHALL not exceed seven years; and
  (e)  For  a  class  D felony, the term shall be fixed by the court and
shall BE AT LEAST TWO YEARS BUT SHALL not exceed four years.
  S 2. Subdivision 3 of section 70.05 of the  penal  law,  as  added  by
chapter 481 of the laws of 1978, paragraph (a) as amended by chapter 174
of  the  laws of 2003 and paragraph (c) as amended by chapter 435 of the
laws of 1998, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08647-01-1

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