S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5217
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M. of A. RAIA, HAWLEY, KOLB, JOHNS, MALLIOTAKIS, LAVINE,
   MONTESANO, McDONOUGH, FINCH -- Multi-Sponsored by -- M. of A.  ARROYO,
   BARCLAY,   BLANKENBUSH,   CROUCH,  DiPIETRO,  FITZPATRICK,  GARBARINO,
   GIGLIO, M. L. MILLER, MORINELLO, PALMESANO, RA, STEC, THIELE  --  read
   once and referred to the Committee on Codes

 AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
   relation to mandatory imprisonment and plea restrictions for  offenses
   victimizing the elderly and physically disabled
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. It is hereby found and declared that elderly and physically
 disabled people continue to be singled out as victims of  crime.  It  is
 also  found  that  the  physical  harm  and emotional trauma suffered by
 elderly and physically disabled crime victims has a  devastating  effect
 on the lives of those victims.
   The  elderly  or  physically  disabled victim has a decreased physical
 capability to resist an attacker and thus becomes an inviting target  of
 crime.  Moreover, the aftereffects of crime on the elderly and the phys-
 ically handicapped affect them more deeply  than  any  statistics  would
 indicate.  The  emotional  trauma  and  possible serious physical damage
 resulting from a face to face crime may cause a permanent downgrading in
 the elderly or physically  disabled  victim's  lifestyle.  Such  victims
 often  impose  "house-arrest"  on  themselves,  afraid to shop, to visit
 friends, to go to the doctor, to live, unless behind locked doors.  Even
 those elderly or physically disabled who are not direct victims of crime
 suffer  indirectly, because they, having learned of the terrible tragedy
 suffered by other elderly and physically disabled and fearful for  their
 own  individual  safety,  barricade  themselves  within their homes. The
 older or physically disabled crime victim is thus  twice  victimized--by
 the crime and by its aftermath.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07979-01-9
              

 A. 5217                             2
 
   Criminologists, sociologists, psychologists, and the police all recog-
 nize  and  acknowledge  these  facts, but the law does not.  It has been
 ineffective in deterring crimes against the elderly and  the  physically
 disabled,  particularly  those  involving  violence  or  the  threat  of
 violence.  Similarly,  special projects on crime prevention and improved
 techniques of communications for the elderly to the police do  not  halt
 or  reduce such crime. For these reasons, offenses committed against the
 elderly or the physically disabled must be treated as unique, and legis-
 lation must be enacted to  provide  a  meaningful  deterrent  for  those
 offenders who now victimize the elderly and the physically disabled.
   §  2.  Subdivision 18 of section 10.00 of the penal law, as amended by
 chapter 7 of the laws of 2007, is amended to read as follows:
   18. "Juvenile offender" means (1) a person thirteen years old  who  is
 criminally responsible for acts constituting murder in the second degree
 as defined in subdivisions one and two of section 125.25 of this chapter
 or  such conduct as a sexually motivated felony, where authorized pursu-
 ant to section 130.91 of [the penal law] THIS CHAPTER; and
   (2) a person fourteen or fifteen years old who is criminally responsi-
 ble for acts constituting the crimes defined in subdivisions one and two
 of section 125.25 (murder in the second degree) and in subdivision three
 of such section provided that the underlying crime for the murder charge
 is one for which such person is criminally responsible;  section  135.25
 (kidnapping  in  the  first degree); 150.20 (arson in the first degree);
 subdivisions one and  two  of  section  120.10  (assault  in  the  first
 degree); 125.20 (manslaughter in the first degree); subdivisions one and
 two  of  section 130.35 (rape in the first degree); subdivisions one and
 two of section 130.50 (criminal sexual act in the first degree);  130.70
 (aggravated  sexual  abuse in the first degree); 140.30 (burglary in the
 first degree); subdivision one of section 140.25 (burglary in the second
 degree); 150.15 (arson in the second degree);  160.15  (robbery  in  the
 first  degree); subdivision two of section 160.10 (robbery in the second
 degree) of this chapter; or section 265.03 of this chapter,  where  such
 machine  gun  or  such  firearm  is possessed on school grounds, as that
 phrase is defined in subdivision fourteen  of  section  220.00  of  this
 chapter;  or  defined  in this chapter as an attempt to commit murder in
 the second degree or kidnapping in  the  first  degree;  SECTION  280.00
 (VICTIMIZING  THE  ELDERLY  OR  THE  PHYSICALLY  DISABLED  IN  THE THIRD
 DEGREE); SECTION 280.05 (VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISA-
 BLED IN THE SECOND DEGREE); OR SECTION 280.10 (VICTIMIZING  THE  ELDERLY
 OR  THE  PHYSICALLY  DISABLED IN THE FIRST DEGREE), or such conduct as a
 sexually motivated felony, where authorized pursuant to  section  130.91
 of [the penal law] THIS CHAPTER.
   §  3.  Section  10.00  of the penal law is amended by adding three new
 subdivisions 22, 23 and 24 to read as follows:
   22. "ELDERLY PERSON" MEANS A HUMAN BEING SIXTY-TWO YEARS OLD OR MORE.
   23. "VICTIM", AS THAT TERM IS USED IN ARTICLE TWO  HUNDRED  EIGHTY  OF
 THIS CHAPTER, MEANS, IN A CASE OF:
   (A)  ASSAULT, THE PERSON INJURED OR INTENDED TO BE INJURED;
   (B)    MANSLAUGHTER  OR  MURDER,  THE  PERSON KILLED OR INTENDED TO BE
 KILLED OR INJURED;
   (C)  RAPE OR CRIMINAL SEXUAL ACT, THE PERSON WITH WHOM  THE  DEFENDANT
 HAS THE SEXUAL INTERCOURSE OR DEVIATE SEXUAL INTERCOURSE;
   (D)  KIDNAPPING, THE PERSON ABDUCTED;
   (E)    BURGLARY  OR  ROBBERY,  THE  PERSON  INJURED, OR AGAINST WHOM A
 DANGEROUS INSTRUMENT IS OR IS THREATENED TO BE  USED,  OR  TO  WHOM  THE
 WEAPON IS DISPLAYED;

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   (F)  ARSON, THE PERSON PRESENT IN THE BUILDING AT THE TIME; OR
   (G)  LARCENY, THE PERSON IN WHOM FEAR IS INSTILLED.
   24. "PHYSICALLY DISABLED PERSON" MEANS A HUMAN BEING:
   (A)  HAVING AN IMPAIRMENT REQUIRING THE USE OF LEG BRACES, CRUTCHES OR
 ARTIFICIAL SUPPORT, OR
   (B)  HAVING AN IMPAIRMENT REQUIRING CONFINEMENT TO A WHEELCHAIR, OR
   (C)  HAVING AN IMPAIRMENT CAUSED BY AMPUTATION OF A LIMB, OR
   (D)  HAVING TOTAL OR PARTIAL IMPAIRMENT OF SIGHT NECESSITATING THE USE
 OF A GUIDE DOG OR OTHER GUIDING DEVICE.
   § 4. The penal law is amended by adding a new article 280 to  read  as
 follows:
                                ARTICLE 280
            OFFENSES AGAINST THE ELDERLY OR PHYSICALLY DISABLED
 SECTION 280.00 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE
                  THIRD DEGREE.
         280.05 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE
                  SECOND DEGREE.
         280.10 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE
                  FIRST DEGREE.
 § 280.00 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE THIRD
            DEGREE.
   A  PERSON IS GUILTY OF VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISA-
 BLED IN THE THIRD DEGREE WHEN HE OR SHE:
   1. COMMITS ANY OF THE FOLLOWING FELONIES:
   ATTEMPT TO COMMIT VICTIMIZING THE ELDERLY OR THE  PHYSICALLY  DISABLED
 IN  THE  SECOND  DEGREE  AS DEFINED IN SECTION 280.05, OR ASSAULT IN THE
 SECOND DEGREE AS DEFINED IN SECTION 120.05; AND
   2. THE VICTIM OF SUCH CRIME IS AN ELDERLY PERSON OR A PHYSICALLY DISA-
 BLED PERSON.
   VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE THIRD DEGREE
 IS A CLASS D FELONY.
 § 280.05 VICTIMIZING THE ELDERLY  OR  THE  PHYSICALLY  DISABLED  IN  THE
            SECOND DEGREE.
   A  PERSON IS GUILTY OF VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISA-
 BLED IN THE SECOND DEGREE WHEN HE OR SHE:
   1. COMMITS ANY OF THE FOLLOWING FELONIES:
   ATTEMPT TO COMMIT VICTIMIZING THE ELDERLY OR THE  PHYSICALLY  DISABLED
 IN  THE  FIRST DEGREE AS DEFINED IN SECTION 280.10, ASSAULT IN THE FIRST
 DEGREE AS DEFINED IN SECTION 120.10, BURGLARY IN THE  SECOND  DEGREE  AS
 DEFINED  IN  PARAGRAPH  (B),  (C),  OR (D) OF SUBDIVISION ONE OF SECTION
 140.25, GRAND LARCENY IN THE SECOND DEGREE AS DEFINED IN CLAUSE  (A)  OF
 SUBDIVISION  TWO  OF  SECTION 155.40, OR ROBBERY IN THE SECOND DEGREE AS
 DEFINED IN SUBDIVISION TWO OF SECTION 160.10; AND
   2. THE VICTIM OF SUCH CRIME IS AN ELDERLY PERSON OR A PHYSICALLY DISA-
 BLED PERSON.
   VICTIMIZING THE ELDERLY OR  THE  PHYSICALLY  DISABLED  IN  THE  SECOND
 DEGREE IS A CLASS C FELONY.
 § 280.10 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE FIRST
            DEGREE.
   A  PERSON IS GUILTY OF VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISA-
 BLED IN THE FIRST DEGREE WHEN HE OR SHE:
   1. COMMITS ANY OF THE FOLLOWING FELONIES:
   ATTEMPT TO COMMIT A CLASS A-I FELONY OTHER THAN AN OFFENSE DEFINED  IN
 ARTICLE  TWO HUNDRED TWENTY, MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED
 IN SECTION 125.20, RAPE IN  THE  FIRST  DEGREE  AS  DEFINED  IN  SECTION
 130.35,  CRIMINAL  SEXUAL  ACT IN THE FIRST DEGREE AS DEFINED IN SECTION

 A. 5217                             4
 
 130.50, KIDNAPPING IN THE SECOND DEGREE AS DEFINED  IN  SECTION  135.20,
 BURGLARY  IN  THE  FIRST  DEGREE AS DEFINED IN SUBDIVISION TWO, THREE OR
 FOUR OF SECTION 140.30, OR ROBBERY IN THE FIRST  DEGREE  AS  DEFINED  IN
 SUBDIVISION ONE, THREE OR FOUR OF SECTION 160.15; AND
   2. THE VICTIM OF SUCH CRIME IS AN ELDERLY PERSON OR A PHYSICALLY DISA-
 BLED PERSON.
   VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE FIRST DEGREE
 IS A CLASS B FELONY.
   §  5. Section 60.05 of the penal law, as amended by chapter 410 of the
 laws of 1979, the section heading and subdivisions 2, 3 and 4 as amended
 by chapter 738 of the laws of 2004, subdivision 1 as amended by  chapter
 7 of the laws of 2007 and subdivision 5 as amended by chapter 405 of the
 laws of 2010, is amended to read as follows:
 § 60.05 Authorized dispositions; other class A, B, certain C and D felo-
           nies and multiple felony offenders.
   1.  Applicability. Except as provided in section 60.04 of this article
 governing the authorized  dispositions  applicable  to  felony  offenses
 defined  in article two hundred twenty or two hundred twenty-one of this
 chapter or in section 60.13 of this  article  governing  the  authorized
 dispositions  applicable to felony sex offenses defined in paragraph (a)
 of subdivision one of section 70.80 of this title,  this  section  shall
 govern the dispositions authorized when a person is to be sentenced upon
 a conviction of a class A felony, a class B felony or a class C, class D
 or  class E felony specified herein, or when a person is to be sentenced
 upon a conviction of a felony as a multiple felony offender.
   2. Class A felony. Except as provided in  SUBDIVISION  SEVEN  OF  THIS
 SECTION  AND subdivisions three and four of section 70.06 of this [chap-
 ter] TITLE, every person convicted of a class A felony must be sentenced
 to imprisonment in accordance with section 70.00 of this  title,  unless
 such  person is convicted of murder in the first degree and is sentenced
 in accordance with section 60.06 of this article.
   3. Class B felony. Except as provided  in  [subdivision]  SUBDIVISIONS
 six  AND  SEVEN  of  this  section,  every person convicted of a class B
 violent felony offense as defined in subdivision one of section 70.02 of
 this title, must be sentenced to imprisonment in  accordance  with  such
 section  70.02;  and,  except  as  provided  in  subdivision six of this
 section, every person convicted of any other  class  B  felony  must  be
 sentenced  to  imprisonment  in  accordance  with  section 70.00 of this
 title.
   4. Certain class C  felonies.  Except  as  provided  in  [subdivision]
 SUBDIVISIONS  six AND SEVEN OF THIS SECTION, every person convicted of a
 class C violent felony offense as defined in subdivision one of  section
 70.02  of  this  title,  must be sentenced to imprisonment in accordance
 with section 70.02 of this title; and, except as provided in subdivision
 six of this section, every person convicted of the class C felonies  of:
 attempt  to  commit  any of the class B felonies of bribery in the first
 degree as defined in section 200.04, bribe receiving in the first degree
 as defined in section 200.12, conspiracy in the second degree as defined
 in section 105.15 and criminal mischief in the first degree  as  defined
 in  section  145.12;  criminal  usury  in the first degree as defined in
 section 190.42, rewarding official misconduct in  the  first  degree  as
 defined  in  section 200.22, receiving reward for official misconduct in
 the first degree as defined in section 200.27, attempt to promote  pros-
 titution  in  the  first  degree as defined in section 230.32, promoting
 prostitution in the second degree as defined in section 230.30, arson in
 the third degree as defined in section 150.10 of this chapter,  must  be

 A. 5217                             5
 
 sentenced  to  imprisonment  in  accordance  with  section 70.00 of this
 title.
   5.  Certain class D felonies. Except as provided in subdivision six of
 this section, every person convicted of the class D felonies of  assault
 in  the second degree as defined in section 120.05, strangulation in the
 second degree as defined in section 121.12 or attempt to commit a  class
 C felony as defined in section 230.30 of this chapter, must be sentenced
 in accordance with section 70.00 or 85.00 of this title.
   6.  Multiple  felony  offender. When the court imposes sentence upon a
 second violent felony offender, as defined in section 70.04, or a second
 felony offender, as defined in section 70.06, the court  must  impose  a
 sentence  of  imprisonment in accordance with section 70.04 or 70.06, as
 the case may be, unless it imposes a sentence of imprisonment in accord-
 ance with section 70.08 or 70.10.
   7. ARTICLE  TWO  HUNDRED  EIGHTY  OFFENSES.  WHEN  THE  COURT  IMPOSES
 SENTENCE UPON A PERSON CONVICTED OF AN OFFENSE ENUMERATED IN ARTICLE TWO
 HUNDRED  EIGHTY, IT MUST IMPOSE A SENTENCE OF IMPRISONMENT IN ACCORDANCE
 WITH SECTION 70.09, UNLESS IT IMPOSES  A  SENTENCE  OF  IMPRISONMENT  IN
 ACCORDANCE WITH SECTION 70.06 OR 70.10.
   8.  Fines.  Where  the  court  imposes  a  sentence of imprisonment in
 accordance with this section, the court also may impose a  fine  author-
 ized  by  article  eighty  and  in  such case the sentence shall be both
 imprisonment and a fine.
   § 6. The penal law is amended by adding a new section 70.09 to read as
 follows:
 § 70.09 SENTENCE OF IMPRISONMENT FOR CERTAIN OFFENSES AGAINST THE ELDER-
            LY OR THE PHYSICALLY DISABLED.
   1. EXCEPT AS PROVIDED IN SUBDIVISION FOUR EVERY PERSON, OTHER  THAN  A
 PERSON  SENTENCED  AS  A  SECOND  OR  PERSISTENT FELONY OFFENDER, WHO IS
 CONVICTED OF AN OFFENSE AGAINST THE ELDERLY OR THE  PHYSICALLY  DISABLED
 DEFINED IN ARTICLE TWO HUNDRED EIGHTY OF THIS CHAPTER, MUST BE SENTENCED
 TO  AN  INDETERMINATE  SENTENCE  OF  IMPRISONMENT IN ACCORDANCE WITH THE
 PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION.
   2. THE MAXIMUM TERM OF SUCH INDETERMINATE SENTENCE MUST  BE  FIXED  AS
 FOLLOWS:
   (A)  FOR  THE  CLASS  B FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS-
 ICALLY DISABLED IN THE FIRST DEGREE, THE TERM  MUST  BE  AT  LEAST  NINE
 YEARS AND MUST NOT EXCEED TWENTY-FIVE YEARS;
   (B)  FOR  THE  CLASS  C FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS-
 ICALLY DISABLED IN THE SECOND DEGREE, THE TERM  MUST  BE  AT  LEAST  SIX
 YEARS AND MUST NOT EXCEED FIFTEEN YEARS;
   (C)  FOR  THE  CLASS  D FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS-
 ICALLY DISABLED IN THE THIRD DEGREE, THE TERM  MUST  BE  AT  LEAST  FOUR
 YEARS AND MUST NOT EXCEED SEVEN YEARS.
   3.  THE MINIMUM PERIOD OF IMPRISONMENT FOR SUCH INDETERMINATE SENTENCE
 MUST BE FIXED BY THE COURT AND MUST BE  SPECIFIED  IN  THE  SENTENCE  AS
 FOLLOWS:
   (A)  FOR  THE  CLASS  B FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS-
 ICALLY DISABLED IN THE FIRST DEGREE, THE MINIMUM PERIOD OF  IMPRISONMENT
 SHALL  NOT  BE LESS THAN THREE YEARS NOR MORE THAN ONE-THIRD THE MAXIMUM
 TERM IMPOSED BY THE COURT;
   (B) FOR THE CLASS C FELONY OF VICTIMIZING THE  ELDERLY  OR  THE  PHYS-
 ICALLY DISABLED IN THE SECOND DEGREE, THE MINIMUM PERIOD OF IMPRISONMENT
 SHALL  BE  NOT  LESS  THAN TWO YEARS NOR MORE THAN ONE-THIRD THE MAXIMUM
 TERM IMPOSED BY THE COURT;

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   (C) FOR THE CLASS D FELONY OF VICTIMIZING THE  ELDERLY  OR  THE  PHYS-
 ICALLY  DISABLED IN THE THIRD DEGREE, THE MINIMUM PERIOD OF IMPRISONMENT
 SHALL BE ONE-THIRD THE MAXIMUM TERM IMPOSED BY THE COURT.
   4.  ALTERNATIVE  DEFINITE  SENTENCE FOR CLASS D FELONY OFFENSE AGAINST
 THE ELDERLY OR THE PHYSICALLY DISABLED. WHEN  A  PERSON,  OTHER  THAN  A
 MULTIPLE FELONY OFFENDER, IS SENTENCED FOR THE CLASS D FELONY OF VICTIM-
 IZING  THE  ELDERLY  OR THE PHYSICALLY DISABLED IN THE THIRD DEGREE, AND
 THE COURT, HAVING REGARD TO THE NATURE AND CIRCUMSTANCES  OF  THE  CRIME
 AND  TO  THE  HISTORY  AND CHARACTER OF THE DEFENDANT, IS OF THE OPINION
 THAT IT WOULD BE UNDULY HARSH TO IMPOSE AN INDETERMINATE  SENTENCE,  THE
 COURT  MAY  IMPOSE A DEFINITE SENTENCE OF IMPRISONMENT AND FIX A TERM OF
 ONE YEAR.
   § 7. Subdivision 4 of section 180.75 of the criminal procedure law, as
 amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
 follows:
   4.  Notwithstanding  the  provisions  of subdivisions two and three of
 this section, a local criminal  court  shall,  at  the  request  of  the
 district  attorney, order removal of an action against a juvenile offen-
 der to the family court pursuant to  the  provisions  of  article  seven
 hundred twenty-five of this chapter if, upon consideration of the crite-
 ria  specified  in subdivision two of section 210.43 of this chapter, it
 is determined that to do so  would  be  in  the  interests  of  justice.
 Where,  however, the felony complaint charges the juvenile offender with
 AN OFFENSE AGAINST THE ELDERLY OR PHYSICALLY DISABLED, OR murder in  the
 second degree as defined in section 125.25 of the penal law, rape in the
 first  degree  as  defined  in  subdivision one of section 130.35 of the
 penal law, criminal sexual act in the first degree as defined in  subdi-
 vision  one  of  section  130.50 of the penal law, or an armed felony as
 defined in paragraph (a) of subdivision forty-one  of  section  1.20  of
 this  chapter, a determination that such action be removed to the family
 court shall, in addition, be based upon a finding of one or more of  the
 following  factors: (i) mitigating circumstances that bear directly upon
 the manner in which the crime was committed; or (ii) where the defendant
 was not the sole participant in the crime, the defendant's participation
 was relatively minor although not so minor as to constitute a defense to
 the prosecution; or (iii) possible deficiencies in proof of the crime.
   § 8. Paragraph (c) of subdivision 5 of section 220.10 of the  criminal
 procedure law, as amended by chapter 410 of the laws of 1979, is amended
 to read as follows:
   (c)  Where the indictment charges a felony, other than a class A felo-
 ny  or class B felony defined in article two hundred twenty of the penal
 law or class B or class C violent felony offense as defined in  subdivi-
 sion  one  of  section  70.02 of the penal law, OR THE CLASS C FELONY OF
 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE SECOND  DEGREE
 AS  DEFINED  IN SECTION 280.05 OF THE PENAL LAW, and it appears that the
 defendant has previously been subjected to a predicate felony conviction
 as defined in [penal law] section 70.06 OF THE PENAL LAW then  any  plea
 of  guilty entered pursuant to subdivision three or four must be or must
 include at least a plea of guilty of a felony.
   § 9. Subparagraph (vi) of paragraph (b) of subdivision  3  of  section
 220.30  of  the criminal procedure law, as amended by chapter 481 of the
 laws of 1978 and as renumbered by chapter 233 of the laws  of  1980,  is
 amended to read as follows:
   (vi)  A plea of guilty, whether to the entire indictment or to part of
 the indictment for any crime other than a felony, may not be accepted on
 the  condition that it constitutes a complete disposition of one or more

 A. 5217                             7
 
 other indictments against the defendant wherein is  charged  a  class  B
 felony  other than a class B violent felony offense as defined in subdi-
 vision one of section 70.02 of the penal law, OR THE CLASS C  FELONY  OF
 VICTIMIZING  THE ELDERLY OR THE PHYSICALLY DISABLED IN THE SECOND DEGREE
 AS DEFINED IN SECTION 280.05 OF THE PENAL LAW.
   § 10. Subdivision 2 of section 720.10 of the criminal  procedure  law,
 as  amended by chapter 416 of the laws of 1986, paragraph (a) as amended
 by chapter 316 of the laws of 2006, is amended to read as follows:
   2.  "Eligible youth" means a youth who  is  eligible  to  be  found  a
 youthful offender.  Every youth is so eligible unless:
   (a)  the  conviction  to be replaced by a youthful offender finding is
 for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
 defined  in subdivision forty-one of section 1.20, except as provided in
 subdivision three OF THIS SECTION, or (iii) rape in  the  first  degree,
 criminal  sexual  act  in  the first degree, or aggravated sexual abuse,
 except as provided in subdivision three OF THIS SECTION, or
   (b) such youth has previously been convicted and sentenced for a felo-
 ny, or
   (c)  such youth has previously been adjudicated  a  youthful  offender
 following  conviction  of  a  felony or has been adjudicated on or after
 September first, nineteen hundred seventy-eight  a  juvenile  delinquent
 who  committed  a  designated  felony act as defined in the family court
 act, OR
   (D) SUCH YOUTH HAS BEEN CONVICTED OF THE CLASS B FELONY OF VICTIMIZING
 THE ELDERLY OR THE PHYSICALLY DISABLED IN THE FIRST DEGREE AS DEFINED IN
 SECTION 280.10 OF THE PENAL LAW.
   § 11. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become  a  law;  provided,  however,
 that  the  amendments to subdivision 4 of section 180.75 of the criminal
 procedure law made by section seven of this act  shall  not  affect  the
 repeal of such subdivision and shall be deemed repealed therewith.