S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3073
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2017
                                ___________
 
 Introduced  by  M.  of A. BARNWELL, KIM -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to allowing judges to  impose
   a  sentence  of imprisonment with or without parole for certain felony
   offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (ii)  of  paragraph (a) of subdivision 3 of
 section 70.00 of the penal law, as amended by chapter 107 of the laws of
 2006, is amended to read as follows:
   (ii) For a class A-II felony, such minimum period shall  not  be  less
 than  three years nor more than eight years four months, except that for
 the class A-II felony of predatory sexual assault as defined in  section
 130.95  of  this  chapter  or  the class A-II felony of predatory sexual
 assault against a child as defined in section 130.96  of  this  chapter,
 such  minimum  period  shall  be  not less than ten years [nor more than
 twenty-five years]. AT SENTENCING, THE PRESIDING JUDGE  SHALL  HAVE  THE
 OPTION  OF  IMPOSING  A  SENTENCE  OF  LIFE IMPRISONMENT WITH OR WITHOUT
 PAROLE IF THE DEFENDANT IS FOUND GUILTY OF VIOLATING SECTIONS 130.95  OR
 130.96 OF THIS CHAPTER.
   § 2. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
 as  amended  by  chapter  368 of the laws of 2015, is amended to read as
 follows:
   (a) Class B violent felony offenses: an attempt to  commit  the  class
 A-I  felonies  of  murder  in  the  second  degree as defined in section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson in the first degree as defined in section 150.20; manslaughter  in
 the  first  degree as defined in section 125.20, aggravated manslaughter
 in the first degree as defined in section  125.22,  rape  in  the  first
 degree  as  defined  in section 130.35, criminal sexual act in the first
 degree as defined in section 130.50,  aggravated  sexual  abuse  in  the

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

                                                            LBD08027-01-7

 A. 3073                             2
 
 first  degree  as  defined  in  section 130.70, course of sexual conduct
 against a child in the  first  degree  as  defined  in  section  130.75;
 assault  in the first degree as defined in section 120.10, kidnapping in
 the  second  degree  as defined in section 135.20, burglary in the first
 degree as defined in section 140.30,  arson  in  the  second  degree  as
 defined  in  section  150.15,  robbery in the first degree as defined in
 section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
 subdivision  five  of  section  230.34,  incest  in  the first degree as
 defined in section 255.27, criminal possession of a weapon in the  first
 degree  as  defined  in section 265.04, criminal use of a firearm in the
 first degree as defined in section 265.09, criminal sale of a firearm in
 the first degree as defined in section 265.13, aggravated assault upon a
 police officer or a peace officer as defined  in  section  120.11,  gang
 assault in the first degree as defined in section 120.07, intimidating a
 victim  or  witness  in  the  first degree as defined in section 215.17,
 hindering prosecution of terrorism in the first  degree  as  defined  in
 section  490.35,  criminal possession of a chemical weapon or biological
 weapon in the second degree as defined in section 490.40,  and  criminal
 use  of  a  chemical  weapon or biological weapon in the third degree as
 defined in section 490.47. FOR THOSE FELONY OFFENSES DEFINED IN SECTIONS
 130.35, 130.50, 130.70, 130.75 AND 255.27 OF THIS ARTICLE,  AT  SENTENC-
 ING, THE PRESIDING JUDGE SHALL HAVE THE OPTION OF IMPOSING A SENTENCE OF
 LIFE IMPRISONMENT WITH OR WITHOUT PAROLE.
   § 3. This act shall take effect immediately.