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.