S T A T E O F N E W Y O R K
________________________________________________________________________
6128
2019-2020 Regular Sessions
I N A S S E M B L Y
February 28, 2019
___________
Introduced by M. of A. MOSLEY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to sentencing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 3 of section 70.02 of the
penal law, as amended by chapter 1 of the laws of 2013, is amended to
read as follows:
(c) For a class D felony, the term must be at least [two] ONE AND
ONE-HALF years and must not exceed seven years, provided, however, that
the term must be: (i) at least two years and must not exceed eight years
where the sentence is for the crime of menacing a police officer or
peace officer as defined in section 120.18 of this chapter; and (ii) at
least three and one-half years and must not exceed seven years where the
sentence is imposed for the crime of criminal possession of a weapon in
the third degree as defined in subdivision ten of section 265.02 of this
chapter;
§ 2. This act shall take effect immediately; provided, however, that
this act shall apply to offenses committed on or after such effective
date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10131-01-9