Senate Bill S7571A

2017-2018 Legislative Session

Enacts "Benny A. Lyde's law"

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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Bill Amendments

2017-S7571 - Details

See Assembly Version of this Bill:
A10339
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.02, Pen L

2017-S7571 - Summary

Enacts the "Benny A. Lyde's Law"; makes the sentence for an offense committed against an individual twenty-one years of age or younger a minimum of 10 years and a maximum of 30 years.

2017-S7571 - Sponsor Memo

2017-S7571 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7571
 
                             I N  S E N A T E
 
                             January 26, 2018
                                ___________
 
 Introduced  by Sen. HAMILTON -- 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  enacting  the  "Benny  A.
   Lyde's Unarmed Act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Benny A. Lyde's unarmed act".
   § 2. The penal law is amended by adding a new section 70.12 to read as
 follows:
 § 70.12 SENTENCE  OF  IMPRISONMENT  FOR  AN OFFENSE COMMITTED AGAINST AN
           INDIVIDUAL TWENTY-ONE YEARS OF AGE OR YOUNGER.
   1. DEFINITION. FOR THE PURPOSES OF THIS SECTION,  "OFFENSE  COMMITTED"
 SHALL  MEAN  AN  OFFENSE DEFINED BY SECTION 120.10 (ASSAULT IN THE FIRST
 DEGREE) OF THIS CHAPTER.
   2. AUTHORIZED SENTENCE. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,
 WHEN A PERSON IS CONVICTED OF AN OFFENSE COMMITTED AGAINST AN INDIVIDUAL
 TWENTY-ONE  YEARS  OF AGE OR YOUNGER WHICH IS A CLASS B FELONY, THE TERM
 OF THE DETERMINANT SENTENCE MUST BE AT LEAST TEN YEARS AND NO MORE  THAN
 THIRTY  YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF
 THIS ARTICLE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14253-01-8

2017-S7571A (ACTIVE) - Details

See Assembly Version of this Bill:
A10339
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.02, Pen L

2017-S7571A (ACTIVE) - Summary

Enacts the "Benny A. Lyde's Law"; makes the sentence for an offense committed against an individual twenty-one years of age or younger a minimum of 10 years and a maximum of 30 years.

2017-S7571A (ACTIVE) - Sponsor Memo

2017-S7571A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7571--A
 
                             I N  S E N A T E
 
                             January 26, 2018
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the penal law, in relation to enacting "Benny A. Lyde's
   law"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Benny A. Lyde's law".
   § 2. Paragraph (a) of subdivision 3 of section 70.02 of the penal law,
 as amended by chapter 765 of the laws of 2005, is  amended  to  read  as
 follows:
   (a)  For  a  class  B felony, the term must be at least five years and
 must not exceed twenty-five years, provided, however, that the term must
 be:  (i) at least ten years and must not exceed thirty years  where  the
 sentence is for the crime of aggravated assault upon a police officer or
 peace  officer  as defined in section 120.11 of this chapter; [and] (ii)
 at least ten years and must not exceed thirty years where  the  sentence
 is  for  the  crime  of  aggravated  manslaughter in the first degree as
 defined in section 125.22 of this chapter; AND (III) AT LEAST TEN  YEARS
 AND  MUST NOT EXCEED THIRTY YEARS WHERE THE SENTENCE IS FOR THE CRIME OF
 ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION 120.10 OF  THIS  CHAP-
 TER, THE VICTIM OF SUCH CRIME WAS TWENTY-ONE YEARS OF AGE OR YOUNGER;
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14253-02-8

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