Assembly Bill A3127

2017-2018 Legislative Session

Relates to calculation of terms of imprisonment in certain instances

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A3127 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.30, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6180
2011-2012: A7544
2013-2014: A5763
2015-2016: A3841

2017-A3127 (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.

2017-A3127 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3127
 
                        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, FRIEND -- 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];
   §  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];
   § 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

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