S T A T E O F N E W Y O R K
________________________________________________________________________
1989
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. BARNWELL -- Multi-Sponsored by -- M. of A. KIM --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to allowing judges to impose
a sentence of imprisonment with or without parole for certain felony
offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (ii) of paragraph (a) of subdivision 3 of
section 70.00 of the penal law, as amended by chapter 107 of the laws of
2006, is amended to read as follows:
(ii) For a class A-II felony, such minimum period shall not be less
than three years nor more than eight years four months, except that for
the class A-II felony of predatory sexual assault as defined in section
130.95 of this chapter or the class A-II felony of predatory sexual
assault against a child as defined in section 130.96 of this chapter,
such minimum period shall be not less than ten years [nor more than
twenty-five years]. AT SENTENCING, THE PRESIDING JUDGE SHALL HAVE THE
OPTION OF IMPOSING A SENTENCE OF LIFE IMPRISONMENT WITH OR WITHOUT
PAROLE IF THE DEFENDANT IS FOUND GUILTY OF VIOLATING SECTION 130.95 OR
130.96 OF THIS CHAPTER.
§ 2. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 189 of the laws of 2018, is amended to read as
follows:
(a) Class B violent felony offenses: an attempt to commit the class
A-I felonies of murder in the second degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act in the first
degree as defined in section 130.50, aggravated sexual abuse in the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07019-01-1
A. 1989 2
first degree as defined in section 130.70, course of sexual conduct
against a child in the first degree as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary in the first
degree as defined in section 140.30, arson in the second degree as
defined in section 150.15, robbery in the first degree as defined in
section 160.15, sex trafficking as defined in paragraphs (a) and (b) of
subdivision five of section 230.34, sex trafficking of a child as
defined in section 230.34-a, incest in the first degree as defined in
section 255.27, criminal possession of a weapon in the first degree as
defined in section 265.04, criminal use of a firearm in the first degree
as defined in section 265.09, criminal sale of a firearm in the first
degree as defined in section 265.13, aggravated assault upon a police
officer or a peace officer as defined in section 120.11, gang assault in
the first degree as defined in section 120.07, intimidating a victim or
witness in the first degree as defined in section 215.17, hindering
prosecution of terrorism in the first degree as defined in section
490.35, criminal possession of a chemical weapon or biological weapon in
the second degree as defined in section 490.40, and criminal use of a
chemical weapon or biological weapon in the third degree as defined in
section 490.47. FOR THOSE FELONY OFFENSES DEFINED IN SECTIONS 130.35,
130.50, 130.70, 130.75 AND 255.27 OF THIS CHAPTER, AT SENTENCING, THE
PRESIDING JUDGE SHALL HAVE THE OPTION OF IMPOSING A SENTENCE OF LIFE
IMPRISONMENT WITH OR WITHOUT PAROLE.
§ 3. This act shall take effect immediately.