S T A T E O F N E W Y O R K
________________________________________________________________________
6038--A
2017-2018 Regular Sessions
I N S E N A T E
May 10, 2017
___________
Introduced by Sen. FUNKE -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the correction law and the penal law, in relation to
sentencing of repeat felons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 800 of the correction law, as amended by chapter
653 of the laws of 1974, is amended to read as follows:
§ 800. Applicability. [The] 1. EXCEPT AS PROVIDED IN SUBDIVISION TWO
OF THIS SECTION, THE provisions of this article shall apply, to the
exclusion of all other provisions of this chapter relating to good
behavior allowances, where sentence has been imposed pursuant to the
provisions of the penal law as enacted by chapter ten hundred thirty of
the laws of nineteen hundred sixty-five, as amended, or where the
sentence is a reformatory sentence of imprisonment. Matters not express-
ly covered herein or covered in such penal law shall be governed by such
other provisions of law as may be applicable.
2. THIS ARTICLE SHALL NOT APPLY TO THE FOLLOWING:
(A) SECOND VIOLENT FELONY OFFENDERS AS DEFINED BY SECTION 70.04 OF THE
PENAL LAW;
(B) SECOND FELONY OFFENDERS AS DEFINED BY SECTION 70.06 OF THE PENAL
LAW;
(C) PERSONS ELIGIBLE FOR SENTENCING UNDER SECTION 70.07 OF THE PENAL
LAW GOVERNING SECOND CHILD SEXUAL ASSAULT FELONIES;
(D) PERSISTENT VIOLENT FELONY OFFENDERS AS DEFINED BY SECTION 70.08 OF
THE PENAL LAW; AND
(E) PERSISTENT FELONY OFFENDERS AS DEFINED BY SECTION 70.10 OF THE
PENAL LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10606-03-7
S. 6038--A 2
§ 2. Subdivision 3 of section 70.04 of the penal law, as amended by
chapter 3 of the laws of 1995, is amended to read as follows:
3. Term of sentence. The term of a determinate sentence for a second
violent felony offender must be fixed by the court as follows:
(a) For a class B felony, the term must be at least [ten] FOURTEEN
years and must not exceed twenty-five years;
(b) For a class C felony, the term must be at least [seven] NINE years
and must not exceed fifteen years; and
(c) For a class D felony, the term must be at least [five] SIX years
and must not exceed seven years.
(d) For a class E felony, the term must be at least three AND ONE-HALF
years and must not exceed four years.
§ 3. Subdivisions 2, 3 and 6 of section 70.06 of the penal law, subdi-
visions 2 and 3 as amended by chapter 7 of the laws of 2007 and subdivi-
sion 6 as added by chapter 3 of the laws of 1995, are amended to read as
follows:
2. Authorized sentence. Except as provided in subdivision [five or]
six of this section, or as provided in subdivision five of section 70.80
of this article, when the court has found, pursuant to the provisions of
the criminal procedure law, that a person is a second felony offender
the court must impose [an indeterminate] A DETERMINATE sentence of
imprisonment. The [maximum] term of such sentence must be in accordance
with the provisions of subdivision three of this section [and the mini-
mum period of imprisonment under such sentence must be in accordance
with subdivision four of this section].
3. [Maximum term] TERM of sentence. Except as provided in subdivision
[five or] six of this section, or as provided in subdivision five of
section 70.80 of this article, the [maximum] term of [an indeterminate]
A DETERMINATE sentence for a second felony offender must be fixed by the
court as follows:
(a) For a class A-II felony, the term must be [life imprisonment] AT
LEAST FIFTEEN YEARS AND MUST NOT EXCEED TWENTY-FIVE YEARS;
(b) For a class B felony, the term must be at least [nine] THIRTEEN
years and must not exceed twenty-five years;
(c) For a class C felony, the term must be at least [six] EIGHT years
and must not exceed fifteen years;
(d) For a class D felony, the term must be at least [four] FIVE years
and must not exceed seven years; and
(e) For a class E felony, the term must be at least three AND ONE-HALF
years and must not exceed four years; provided, however, that where the
sentence is for the class E felony offense specified in section 240.32
of this chapter, the maximum term must be at least three AND ONE-HALF
years and must not exceed five years.
6. Determinate sentence. When the court has found, pursuant to the
provisions of the criminal procedure law, that a person is a second
felony offender and the sentence to be imposed on such person is for a
violent felony offense, as defined in subdivision one of section 70.02
OF THIS ARTICLE, the court must impose a determinate sentence of impri-
sonment the term of which must be fixed by the court as follows:
(a) For a class B violent felony offense, the term must be at least
[eight] FIFTEEN years and must not exceed twenty-five years;
(b) For a class C violent felony offense, the term must be at least
[five] TEN years and must not exceed fifteen years;
(c) For a class D violent felony offense, the term must be at least
[three] SEVEN years and must not exceed [seven] NINE years; and
S. 6038--A 3
(d) For a class E violent felony offense, the term must be at least
[two] FIVE years and must not exceed [four] SIX years.
§ 4. Paragraphs (a) and (b) of subdivision 4 of section 70.07 of the
penal law, as amended by chapter 107 of the laws of 2006, are amended to
read as follows:
(a) where the defendant stands convicted of such sexual assault
against a child and such conviction is for a class A-II or class B felo-
ny offense, and the predicate conviction for such sexual assault against
a child is for a class A-II, class B or class C felony offense, the
court shall impose [an indeterminate] A DETERMINATE sentence of impri-
sonment, the [maximum] term [of which shall be life and the minimum
period of which shall be at least fifteen years and no more than twen-
ty-five years] MUST BE AT LEAST TWENTY-FIVE YEARS AND MUST NOT EXCEED
SIXTY YEARS;
(b) where the defendant stands convicted of such sexual assault
against a child and the conviction is for a class C felony offense, and
the predicate conviction for such sexual assault against a child is for
a class A-II, class B or class C felony offense, the court shall impose
a determinate sentence of imprisonment, the term of which must be at
least twelve years and must not exceed thirty years; provided however,
that if the court determines that a longer sentence is warranted, the
court shall set forth on the record the reasons for such determination
and, in lieu of imposing such sentence of imprisonment, may impose [an
indeterminate] A DETERMINATE sentence of imprisonment, the [maximum]
term [of which shall be life and the minimum period of which shall be at
least fifteen years and no more than twenty-five years] MUST BE AT LEAST
TWENTY-FIVE YEARS AND MUST NOT EXCEED FIFTY YEARS;
§ 5. Section 70.45 of the penal law is amended by adding a new subdi-
vision 3-a to read as follows:
3-A. CONDITIONS OF POST-RELEASE SUPERVISION; SPECIFIC CASES. FOR
PERSONS WHO HAVE BEEN SENTENCED PURSUANT TO SECTION 70.02, 70.04, 70.06,
70.07, 70.08 OR 70.10 OF THIS ARTICLE, THE BOARD OF PAROLE SHALL IMPOSE
AS A CONDITION OF POST-RELEASE SUPERVISION THAT THE REPEAT FELONY OFFEN-
DER OR VIOLENT FELONY OFFENDER BE REQUIRED TO WEAR A TRACKING DEVICE FOR
A PERIOD OF AT LEAST SIX MONTHS AFTER RELEASE SUCH THAT AT ANY TIME THE
BOARD OF PAROLE CAN ACCESS WHERE HE OR SHE IS LOCATED.
§ 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law, provided that the
amendments to subdivision 3 of section 70.04 and subdivisions 2 and 3 of
section 70.06 of the penal law made by sections two and three of this
act shall not affect the expiration of such subdivisions and shall
expire and be deemed repealed therewith; and provided, further, that the
amendments to subdivision 6 of section 70.06 of the penal law made by
section three of this act shall not affect the repeal of such subdivi-
sion and shall be deemed repealed therewith.
