S T A T E   O F   N E W   Y O R K
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                                  8148

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2015
                               ___________

Introduced  by M. of A. WOZNIAK -- read once and referred to the Commit-
  tee 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.
  S 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.
                                                           LBD11378-01-5

              

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  (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.
  S 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.
  S 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.