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Assembly Bill A3841

2015-2016 Legislative Session

Relates to calculation of terms of imprisonment in certain instances

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Archive: Last Bill Status - In Assembly Committee

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2015-A3841 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง70.30, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6180
2011-2012: A7544
2013-2014: A5763
2017-2018: A3127

2015-A3841 (ACTIVE) - Summary

Provides that there shall not be a fifty year aggregate maximum term of consecutive sentences imposed for the conviction of three or more violent felony offenses one of which was a class B violent felony offense; applies upon the reversion of present provisions to their prior status.

2015-A3841 (ACTIVE) - Bill Text download pdf 

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

                                  3841

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. McKEVITT, GRAF, KOLB -- read once and referred to
  the Committee on Codes

AN ACT to amend the penal law, in relation to lifting the fifty year cap
  applicable to persons convicted of three or more violent felonies

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

  Section 1. Subparagraph (vi) 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:
  (vi) Notwithstanding subparagraphs (i) and  (iv)  of  this  paragraph,
[the]  THERE  SHALL  NOT  BE  AN  aggregate  maximum term of consecutive
sentences, all of which are indeterminate or all of which  are  determi-
nate  sentences,  imposed  for  the  conviction of three or more violent
felony offenses committed prior to the time the  person  was  imprisoned
under any of such sentences and one of which is a class B violent felony
offense[,  shall,  if  it  exceeds  fifty  years,  be deemed to be fifty
years];
  S 2. Subparagraph (iii) of paragraph (c) of subdivision 1  of  section
70.30  of  the penal law, as amended by chapter 199 of the laws of 1983,
is amended to read as follows:
  (iii) Notwithstanding subparagraphs (i) and (ii)  of  this  paragraph,
[the]  THERE  SHALL  NOT  BE  AN  aggregate  maximum term of consecutive
sentences imposed for the conviction of three  or  more  violent  felony
offenses committed prior to the time the person was imprisoned under any
of such sentences and one of which is a class B violent felony offense[,
shall, if it exceeds fifty years, be deemed to be fifty years];
  S  3.  This act shall take effect immediately, provided, however, that
the amendments to paragraph (e) of subdivision 1 of section 70.30 of the
penal law made by section one of this act shall be subject to the  expi-
ration  and  reversion  of  such  paragraph 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.

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

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