Senate Bill S5046

2023-2024 Legislative Session

Relates to crimes committed on metropolitan transportation authority property

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S5046 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §70.09, Pen L
Versions Introduced in 2021-2022 Legislative Session:
S6923

2023-S5046 (ACTIVE) - Summary

Makes a crime while in or upon metropolitan transportation authority property an A-1 felony; provides sentencing guidelines for such crime.

2023-S5046 (ACTIVE) - Sponsor Memo

2023-S5046 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5046
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to crimes committed on metro-
   politan transportation authority property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The penal law is amended by adding a new section 70.09 to
 read as follows:
 § 70.09 SENTENCE OF IMPRISONMENT FOR CRIMES COMMITTED WHILE IN  OR  UPON
           METROPOLITAN TRANSPORTATION AUTHORITY PROPERTY.
   1.  UNDER THIS SECTION, METROPOLITAN TRANSPORTATION AUTHORITY PROPERTY
 SHALL INCLUDE ANY BUILDING, FACILITY, PROPERTY, VEHICLE OR TRAIN  OWNED,
 LEASED OR OPERATED BY THE METROPOLITAN TRANSPORTATION AUTHORITY.
   2. WHEN A PERSON IS CONVICTED OF A CRIME WHILE IN OR UPON METROPOLITAN
 TRANSPORTATION  AUTHORITY  PROPERTY, THE CRIME SHALL BE DEEMED TO BE ONE
 CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFENDANT  COMMITTED,  OR
 ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE TO THE DEFENDANT'S
 CONVICTION  FOR  AN ATTEMPT OR CONSPIRACY TO COMMIT A SPECIFIED OFFENSE,
 WHICHEVER IS APPLICABLE.
   3. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
 CONVICTED  OF A CRIME PURSUANT TO THIS SECTION AND THE SPECIFIED OFFENSE
 IS A CLASS B FELONY:
   (A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
 SIX  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
 THIS CHAPTER;
   (B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT  YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
   (C) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08766-01-3
 S. 5046                             2
 
              

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