S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1456
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to providing for a  mandatory
   ten-year   minimum   sentence   of  imprisonment  for  certain  felony
   convictions of public servants

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 70.00 of the penal law is amended
 by adding a new closing paragraph to read as follows:
   PROVIDED, HOWEVER, WHERE THE MINIMUM  PERIOD  OF  IMPRISONMENT  ESTAB-
 LISHED BY PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION EXCEEDS THE
 MAXIMUM TERM OF IMPRISONMENT ESTABLISHED BY THIS SUBDIVISION, SUCH MAXI-
 MUM TERM OF IMPRISONMENT SHALL NOT EXCEED THIRTEEN YEARS.
   § 2. Paragraph (b) of subdivision 3 and subdivision 4 of section 70.00
 of  the  penal law, paragraph (b) of subdivision 3 as amended by chapter
 746 of the laws of 2006 and subdivision 4 as amended by chapter  738  of
 the laws of 2004, are amended to read as follows:
   (b)  For  any  other  felony, the minimum period shall be fixed by the
 court and specified in the sentence and shall be not less than one  year
 nor  more than one-third of the maximum term imposed; PROVIDED, HOWEVER,
 THE COURT SHALL FIX A MINIMUM PERIOD OF AT  LEAST  TEN  YEARS  WHEN  THE
 SENTENCE  IS  FOR A CONVICTION OF SECTION 195.20 (DEFRAUDING THE GOVERN-
 MENT); SECTION 200.10 (BRIBE RECEIVING IN  THE  THIRD  DEGREE);  SECTION
 200.11  (BRIBE  RECEIVING  IN  THE SECOND DEGREE); SECTION 200.12 (BRIBE
 RECEIVING IN THE FIRST DEGREE); SECTION  200.25  (RECEIVING  REWARD  FOR
 OFFICIAL  MISCONDUCT  IN  THE  SECOND DEGREE); SECTION 200.27 (RECEIVING
 REWARD FOR OFFICIAL MISCONDUCT IN  THE  FIRST  DEGREE);  SECTION  200.50
 (BRIBE  RECEIVING  FOR  PUBLIC  OFFICE);  SECTION 496.02 (CORRUPTING THE
 GOVERNMENT IN THE FOURTH DEGREE); SECTION 496.03 (CORRUPTING THE GOVERN-
 MENT IN THE THIRD DEGREE); SECTION 496.04 (CORRUPTING THE GOVERNMENT  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06443-01-9
              

 A. 1456                             2
 
 THE  SECOND  DEGREE);  SECTION  496.05 (CORRUPTING THE GOVERNMENT IN THE
 FIRST DEGREE) OR SECTION 496.06 (PUBLIC CORRUPTION).
   4.  Alternative  definite  sentence for class D and E felonies. When a
 person, other than a second or persistent felony offender  OR  A  PERSON
 SENTENCED  FOR  ANY OF THE CRIMES LISTED IN PARAGRAPH (B) OF SUBDIVISION
 THREE OF THIS SECTION, is sentenced for a class D or class E felony, 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 a sentence of imprisonment is necessary but that it would be unduly
 harsh to impose an indeterminate or determinate sentence, the court  may
 impose a definite sentence of imprisonment and fix a term of one year or
 less.
   § 3. This act shall take effect immediately.