S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4190
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2023
                                ___________
 
 Introduced  by M. of A. STERN -- 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02557-01-3
              

 A. 4190                             2
 
 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;
   (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. 4190                             3
 
   (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 PARAGRAPH (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
 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
 A. 4190                             4
 
 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, subdivision 5 as amended by chapter 405 of the
 laws of 2010, and subdivision 8 as amended by chapter 486 of the laws of
 2022, 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. 4190                             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.
   [8.] 9. Shock incarceration participation. (a) When the court  imposes
 a  determinate sentence of imprisonment pursuant to subdivision three of
 section 70.02 of this chapter or subdivision six  of  section  70.06  of
 this  chapter  upon  a person who stands convicted either of burglary in
 the second degree as defined in subdivision two  of  section  140.25  of
 this  chapter  or robbery in the second degree as defined in subdivision
 one of section 160.10 of this  chapter,  or  an  attempt  thereof,  upon
 motion of the defendant, the court may issue an order directing that the
 department of corrections and community supervision enroll the defendant
 in the shock incarceration program as defined in article twenty-six-A of
 the correction law, provided that the defendant is an eligible incarcer-
 ated  individual,  as  described  in  subdivision  one  of section eight
 hundred sixty-five of the correction law. Notwithstanding the  foregoing
 provisions  of  this  subdivision,  any defendant to be enrolled in such
 program pursuant to this subdivision shall be governed by the same rules
 and regulations promulgated by the department of corrections and  commu-
 nity  supervision,  including  without  limitation those rules and regu-
 lations establishing requirements for  completion  and  such  rules  and
 regulations governing discipline and removal from the program.
   (b)  Paragraph b of subdivision seven of section 60.04 of this article
 shall apply in the event an incarcerated individual designated by  court
 order  for  enrollment  in  the  shock  incarceration program requires a
 degree of medical care or mental health care that cannot be provided  at
 a shock incarceration facility.
   § 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
 A. 4190                             6
 
 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;
   (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. 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.
   § 8. 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. 4190                             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.
   § 9. 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.
   § 10. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.