S T A T E   O F   N E W   Y O R K
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                                  7693

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 30, 2013
                               ___________

Introduced  by  M. of A. COOK -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to sentencing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 60.02 of the penal law, as amended
by chapter 471 of the laws of 1980, is amended to read as follows:
  (2)  If the sentence is to be imposed upon a youthful offender finding
which has been substituted for a conviction for any  felony,  the  court
must  impose a sentence authorized to be imposed upon a person convicted
of a class E felony [provided, however, that the court must not impose a
sentence of conditional discharge  or  unconditional  discharge  if  the
youthful  offender  finding was substituted for a conviction of a felony
defined in article two hundred twenty of this chapter],  AS  HEREINAFTER
PROVIDED:
  (A)  IF THE YOUTHFUL OFFENDER FINDING WAS SUBSTITUTED FOR A CONVICTION
OF A FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO  HUNDRED  TWEN-
TY-ONE  OF  THIS  CHAPTER,  THEN  THE SENTENCE SHALL BE AS AUTHORIZED BY
SECTION 60.04 OF THIS ARTICLE FOR A CLASS E FELONY, AND IF A DETERMINATE
SENTENCE  OF  IMPRISONMENT  IS  IMPOSED,  THE  CORRESPONDING  PERIOD  OF
POST-RELEASE  SUPERVISION  PROVIDED  FOR  THAT CLASS E FELONY BY SECTION
70.45 OF THIS TITLE SHALL ALSO BE IMPOSED. IN ADDITION TO  SUCH  AUTHOR-
IZED  SENTENCES,  IF THE DEFENDANT MEETS THE REQUIREMENTS OF SUBDIVISION
TWO OF SECTION 60.14 OF THIS ARTICLE, A  COURT  MAY  IMPOSE  THE  PAROLE
SUPERVISION SENTENCE AUTHORIZED BY THAT SECTION.
  (B)  IF THE YOUTHFUL OFFENDER FINDING WAS SUBSTITUTED FOR A CONVICTION
OF ANY OTHER FELONY, THEN THE SENTENCE SHALL BE AS AUTHORIZED BY SECTION
60.01 OF THIS ARTICLE FOR A SENTENCE UPON A  CONVICTION  OF  A  CLASS  E
FELONY OFFENSE; PROVIDED, HOWEVER, THAT IF THE YOUTHFUL OFFENDER FINDING
WAS  SUBSTITUTED FOR A CONVICTION OF A VIOLENT FELONY OFFENSE AS DEFINED
IN SECTION 70.02 OF THIS TITLE OR A FELONY SEX  OFFENSE  AS  DEFINED  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10859-01-3
              

A. 7693                             2

PARAGRAPH  (A)  OF  SUBDIVISION ONE OF SECTION 70.80 OF THIS TITLE AND A
SENTENCE OF IMPRISONMENT IN EXCESS OF ONE YEAR IS IMPOSED TO  BE  SERVED
IN  A  FACILITY  OF  THE  STATE  DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION  IS  IMPOSED, THE SENTENCE SHALL BE THE DETERMINATE SENTENCE
OF IMPRISONMENT AUTHORIZED FOR SUCH CLASS E VIOLENT  FELONY  OFFENSE  OR
FELONY  SEX OFFENSE, AND THE CORRESPONDING PERIOD OF POST-RELEASE SUPER-
VISION PROVIDED FOR SUCH CLASS E FELONY BY SECTION 70.45 OF THIS TITLE.
  S 2.  This act shall take effect immediately; provided, however,  that
this  act  shall  apply to offenses committed on or after such effective
date.