S T A T E O F N E W Y O R K
________________________________________________________________________
2840
2023-2024 Regular Sessions
I N A S S E M B L Y
January 27, 2023
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to providing for a mandatory
ten-year minimum sentence of imprisonment for certain felony
convictions of public servants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 70.00 of the penal law is amended
by adding a new closing paragraph to read as follows:
PROVIDED, HOWEVER, WHERE THE MINIMUM PERIOD OF IMPRISONMENT ESTAB-
LISHED BY PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION EXCEEDS THE
MAXIMUM TERM OF IMPRISONMENT ESTABLISHED BY THIS SUBDIVISION, SUCH MAXI-
MUM TERM OF IMPRISONMENT SHALL NOT EXCEED THIRTEEN YEARS.
§ 2. Paragraph (b) of subdivision 3 and subdivision 4 of section 70.00
of the penal law, paragraph (b) of subdivision 3 as amended by chapter
746 of the laws of 2006 and subdivision 4 as amended by chapter 738 of
the laws of 2004, are amended to read as follows:
(b) For any other felony, the minimum period shall be fixed by the
court and specified in the sentence and shall be not less than one year
nor more than one-third of the maximum term imposed; PROVIDED, HOWEVER,
THE COURT SHALL FIX A MINIMUM PERIOD OF AT LEAST TEN YEARS WHEN THE
SENTENCE IS FOR A CONVICTION OF SECTION 195.20 (DEFRAUDING THE GOVERN-
MENT); SECTION 200.10 (BRIBE RECEIVING IN THE THIRD DEGREE); SECTION
200.11 (BRIBE RECEIVING IN THE SECOND DEGREE); SECTION 200.12 (BRIBE
RECEIVING IN THE FIRST DEGREE); SECTION 200.25 (RECEIVING REWARD FOR
OFFICIAL MISCONDUCT IN THE SECOND DEGREE); SECTION 200.27 (RECEIVING
REWARD FOR OFFICIAL MISCONDUCT IN THE FIRST DEGREE); SECTION 200.50
(BRIBE RECEIVING FOR PUBLIC OFFICE); SECTION 496.02 (CORRUPTING THE
GOVERNMENT IN THE FOURTH DEGREE); SECTION 496.03 (CORRUPTING THE GOVERN-
MENT IN THE THIRD DEGREE); SECTION 496.04 (CORRUPTING THE GOVERNMENT IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06076-01-3
A. 2840 2
THE SECOND DEGREE); SECTION 496.05 (CORRUPTING THE GOVERNMENT IN THE
FIRST DEGREE) OR SECTION 496.06 (PUBLIC CORRUPTION).
4. Alternative definite sentence for class D and E felonies. When a
person, other than a second or persistent felony offender OR A PERSON
SENTENCED FOR ANY OF THE CRIMES LISTED IN PARAGRAPH (B) OF SUBDIVISION
THREE OF THIS SECTION, is sentenced for a class D or class E felony, 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 a sentence of imprisonment is necessary but that it would be unduly
harsh to impose an indeterminate or determinate sentence, the court may
impose a definite sentence of imprisonment and fix a term of one year or
less.
§ 3. This act shall take effect immediately.