S T A T E O F N E W Y O R K
________________________________________________________________________
5155
2021-2022 Regular Sessions
I N A S S E M B L Y
February 11, 2021
___________
Introduced by M. of A. MONTESANO, McDONOUGH, COLTON, FRIEND -- Multi-
Sponsored by -- M. of A. PALMESANO -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to sentences of imprisonment
for class A felony drug offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 2 of section 70.71 of the
penal law, as added by chapter 738 of the laws of 2004, is amended to
read as follows:
(b) Authorized sentence. The court shall impose a determinate term of
imprisonment which shall be imposed by the court in whole or half years
and which shall include as a part thereof a period of post-release
supervision in accordance with section 70.45 of this article. The terms
authorized for such determinate sentences are as follows:
(i) for a class A-I felony, the term shall be at least [eight] TEN
years and shall not exceed [twenty] TWENTY-FIVE years;
(ii) for a class A-II felony, the term shall be at least [three] FIVE
years and shall not exceed [ten] FIFTEEN years.
§ 2. Paragraph (b) of subdivision 3 of section 70.71 of the penal law,
as added by chapter 738 of the laws of 2004, is amended to read as
follows:
(b) Authorized sentence. When the court has found pursuant to the
provisions of section 400.21 of the criminal procedure law that a
defendant is a second felony drug offender who stands convicted of a
class A felony as defined in article two hundred twenty or two hundred
twenty-one of this chapter, the court shall impose a determinate
sentence of imprisonment. Such determinate sentence shall include as a
part thereof a period of post-release supervision in accordance with
section 70.45 of this article. Such determinate sentence shall be
imposed by the court in whole or half years as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08616-01-1
A. 5155 2
(i) for a class A-I felony, the term shall be at least [twelve]
FIFTEEN years and shall not exceed [twenty-four] THIRTY years;
(ii) for a class A-II felony, the term shall be at least [six] TEN
years and shall not exceed [fourteen] TWENTY years.
§ 3. Paragraph (b) of subdivision 4 of section 70.71 of the penal law,
as added by chapter 738 of the laws of 2004, is amended to read as
follows:
(b) Authorized sentence. When the court has found pursuant to the
provisions of section 400.21 of the criminal procedure law that a
defendant is a second felony drug offender whose prior felony conviction
was a violent felony, who stands convicted of a class A felony as
defined in article two hundred twenty or two hundred twenty-one of this
chapter, the court shall impose a determinate sentence of imprisonment.
Such determinate sentence shall include as a part thereof a period of
post-release supervision in accordance with section 70.45 of this arti-
cle. Such determinate sentence shall be imposed by the court in whole or
half years as follows:
(i) for a class A-I felony, the term shall be at least [fifteen] TWEN-
TY years and shall not exceed thirty years;
(ii) for a class A-II felony, the term shall be at least [eight] TEN
years and shall not exceed [seventeen] TWENTY years.
§ 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law and shall apply to
sentences issued on or after such date.