S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3078
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2017
                                ___________
 
 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 consecutive sentences and
   the calculation of sentences in certain instances involving arson
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 70.25 of the penal law, as amended
 by chapter 56 of the laws of 1984, is amended to read as follows:
   2.  When more than one sentence of imprisonment is imposed on a person
 for two or more offenses committed through a single act or omission,  or
 through  an  act  or  omission  which  in  itself constituted one of the
 offenses and also was a material element of the  other,  the  sentences,
 except  if  one  or more of such sentences is for a violation of section
 270.20 of this chapter, must run concurrently.   PROVIDED HOWEVER,  THAT
 IF  ONE  OR  MORE  OF  SUCH  SENTENCES IS FOR A VIOLATION OF ARTICLE ONE
 HUNDRED FIFTY OF THIS CHAPTER, THE SENTENCES MUST RUN CONSECUTIVELY.
   § 2. 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:
   (e)  (i)  Except  as provided in subparagraph (ii), (iii)[,] OR (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 OR A VIOLENT
 FELONY  OFFENSE  AS  DEFINED IN SECTION 70.02 OF THIS ARTICLE, 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  inde-
 terminate  consecutive sentences is reduced by calculation made pursuant
 to this paragraph, the aggregate minimum period 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;
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04682-01-7

 A. 3078                             2
 
   (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 OR A
 VIOLENT  FELONY  OFFENSE  AS  DEFINED  IN SECTION 70.02 OF THIS ARTICLE,
 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.
   (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 OR A
 VIOLENT  FELONY  OFFENSE  AS  DEFINED  IN SECTION 70.02 OF THIS ARTICLE,
 [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.
   (iv)  [Notwithstanding  subparagraph (i) of this paragraph, the aggre-
 gate maximum term of consecutive sentences, all of which are  indetermi-
 nate  sentences  or  all of which are determinate sentences, imposed for
 the conviction of two 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  forty
 years, be deemed to be forty years
   (v)  Notwithstanding  subparagraphs  (ii) and (iii) of this paragraph,
 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, and where such sentences are  imposed  for
 the  conviction  of  two  violent felony offenses committed prior to the
 time the person was imprisoned under any such sentences and where one of
 which is a class B violent felony offense,  the  following  rules  shall
 apply:
   (A)  if  the  aggregate  maximum  term  of the determinate sentence or
 sentences exceeds forty years, the defendant shall be deemed to be serv-
 ing a determinate sentence of forty years;
   (B) if the aggregate maximum  term  of  the  determinate  sentence  or
 sentences  is less than forty years, the defendant shall be deemed to be
 serving an indeterminate sentence the maximum term  of  which  shall  be

 A. 3078                             3

 deemed  to be forty years. In such instances, the minimum sentence shall
 be deemed to be twenty years or six-sevenths of the  term  or  aggregate
 maximum  term  of  the  determinate  sentence or sentences, whichever is
 greater.
   (vi) Notwithstanding subparagraphs (i) and (iv) of this paragraph, the
 aggregate  maximum term of consecutive sentences, all of which are inde-
 terminate or all of which are determinate  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;
   (vii)  Notwithstanding subparagraphs (ii), (iii) and (v) of this para-
 graph, 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, and where such sentences are
 imposed for the conviction of three  or  more  violent  felony  offenses
 committed  prior  to  the  time the person was imprisoned under any such
 sentences and one of which is a class  B  violent  felony  offense,  the
 following rules shall apply:
   (A)  if  the  aggregate  maximum  term  of the determinate sentence or
 sentences exceeds fifty years, the defendant shall be deemed to be serv-
 ing a determinate sentence of fifty years.
   (B) if the aggregate maximum  term  of  the  determinate  sentence  or
 sentences  is less than fifty years, the defendant shall be deemed to be
 serving an indeterminate sentence the maximum term  of  which  shall  be
 deemed  to be fifty years. In such instances, the minimum sentence shall
 be deemed to be twenty-five years or six-sevenths of the term or  aggre-
 gate maximum term of the determinate sentence or sentences, whichever is
 greater.
   (viii)]  Notwithstanding  any  provision  of  this  subdivision to the
 contrary where a person is serving two or  more  consecutive  sentences,
 SUCH  SENTENCES  HAVING  BEEN IMPOSED FOR TWO OR MORE CRIMES, OTHER THAN
 TWO OR MORE CRIMES THAT INCLUDE A CLASS A FELONY  OR  A  VIOLENT  FELONY
 OFFENSE  AS  DEFINED  IN  SECTION  70.02 OF THIS ARTICLE, one or more of
 which is an indeterminate sentence and one or more of which is a  deter-
 minate  sentence,  and if he would be eligible for a reduction provision
 pursuant to this subdivision if the maximum term  or  aggregate  maximum
 term  of  the indeterminate sentence or sentences were added to the term
 or aggregate maximum term of the determinate sentence or sentences,  the
 person  shall  be  deemed  to  be  eligible for the applicable reduction
 provision and the rules set forth in this subdivision shall apply.
   § 3. Section 150.15 of the penal law, as amended by chapter 225 of the
 laws of 1979, is amended to read as follows:
 § 150.15 Arson in the second degree.
   A person is guilty of arson in the second degree when he intentionally
 damages a building or motor vehicle by starting AN EXPLOSION OR a  fire,
 and  when  (a)  another  person who is not a participant in the crime is
 present in such building or motor vehicle  at  the  time,  and  (b)  the
 defendant knows that fact or the circumstances are such as to render the
 presence of such a person therein a reasonable possibility.
   Arson in the second degree is a class B felony.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law, provided that the  amendments  to  paragraph  (e)  of
 subdivision  1  of section 70.30 of the penal law made by section two of
 this act shall not affect the expiration of such paragraph and shall  be
 deemed to expire therewith.