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Assembly Bill A10339

2017-2018 Legislative Session

Enacts "Benny A. Lyde's law"

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Archive: Last Bill Status - In Assembly Committee

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2017-A10339 (ACTIVE) - Details

See Senate Version of this Bill:
S7571
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.02, Pen L

2017-A10339 (ACTIVE) - Summary

Enacts the "Benny A. Lyde's Law"; makes the sentence for an offense committed against an individual twenty-one years of age or younger a minimum of 10 years and a maximum of 30 years.

2017-A10339 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10339
 
                           I N  A S S E M B L Y
 
                              April 10, 2018
                                ___________
 
 Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to  enacting  the  "Benny  A.
   Lyde's law"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Benny A. Lyde's law".
   § 2. Paragraph (a) of subdivision 3 of section 70.02 of the penal law,
 as  amended  by  chapter  765 of the laws of 2005, is amended to read as
 follows:
   (a) For a class B felony, the term must be at  least  five  years  and
 must not exceed twenty-five years, provided, however, that the term must
 be:    (i) at least ten years and must not exceed thirty years where the
 sentence is for the crime of aggravated assault upon a police officer or
 peace officer as defined in section 120.11 of this chapter;  [and]  (ii)
 at  least  ten years and must not exceed thirty years where the sentence
 is for the crime of aggravated  manslaughter  in  the  first  degree  as
 defined  in section 125.22 of this chapter; AND (III) AT LEAST TEN YEARS
 AND MUST NOT EXCEED THIRTY YEARS WHERE THE SENTENCE IS FOR THE CRIME  OF
 ASSAULT  IN  THE FIRST DEGREE AS DEFINED IN SECTION 120.10 OF THIS CHAP-
 TER, THE VICTIM OF SUCH CRIME WAS TWENTY-ONE YEARS OF AGE OR YOUNGER;
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14253-03-8

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