S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1989
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced by M. of A. BARNWELL -- Multi-Sponsored by -- M. of A. KIM --
   read once and referred to the Committee on Codes
 
 AN  ACT to amend the penal law, in relation to allowing judges to impose
   a sentence of imprisonment with or without parole for  certain  felony
   offenses

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (ii) of paragraph  (a)  of  subdivision  3  of
 section 70.00 of the penal law, as amended by chapter 107 of the laws of
 2006, is amended to read as follows:
   (ii)  For  a  class A-II felony, such minimum period shall not be less
 than three years nor more than eight years four months, except that  for
 the  class A-II felony of predatory sexual assault as defined in section
 130.95 of this chapter or the class  A-II  felony  of  predatory  sexual
 assault  against  a  child as defined in section 130.96 of this chapter,
 such minimum period shall be not less than  ten  years  [nor  more  than
 twenty-five  years].  AT  SENTENCING, THE PRESIDING JUDGE SHALL HAVE THE
 OPTION OF IMPOSING A SENTENCE  OF  LIFE  IMPRISONMENT  WITH  OR  WITHOUT
 PAROLE  IF  THE DEFENDANT IS FOUND GUILTY OF VIOLATING SECTION 130.95 OR
 130.96 OF THIS CHAPTER.
   § 2. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
 as amended by chapter 189 of the laws of 2018, is  amended  to  read  as
 follows:
   (a)  Class  B  violent felony offenses: an attempt to commit the class
 A-I felonies of murder in  the  second  degree  as  defined  in  section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson  in the first degree as defined in section 150.20; manslaughter in
 the first degree as defined in section 125.20,  aggravated  manslaughter
 in  the  first  degree  as  defined in section 125.22, rape in the first
 degree as defined in section 130.35, criminal sexual act  in  the  first
 degree  as  defined  in  section  130.50, aggravated sexual abuse in the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07019-01-1

 A. 1989                             2
 
 first degree as defined in section  130.70,  course  of  sexual  conduct
 against  a  child  in  the  first  degree  as defined in section 130.75;
 assault in the first degree as defined in section 120.10, kidnapping  in
 the  second  degree  as defined in section 135.20, burglary in the first
 degree as defined in section 140.30,  arson  in  the  second  degree  as
 defined  in  section  150.15,  robbery in the first degree as defined in
 section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
 subdivision  five  of  section  230.34,  sex  trafficking  of a child as
 defined in section 230.34-a, incest in the first degree  as  defined  in
 section  255.27,  criminal possession of a weapon in the first degree as
 defined in section 265.04, criminal use of a firearm in the first degree
 as defined in section 265.09, criminal sale of a firearm  in  the  first
 degree  as  defined  in section 265.13, aggravated assault upon a police
 officer or a peace officer as defined in section 120.11, gang assault in
 the first degree as defined in section 120.07, intimidating a victim  or
 witness  in  the  first  degree  as defined in section 215.17, hindering
 prosecution of terrorism in the  first  degree  as  defined  in  section
 490.35, criminal possession of a chemical weapon or biological weapon in
 the  second  degree  as defined in section 490.40, and criminal use of a
 chemical weapon or biological weapon in the third degree as  defined  in
 section  490.47.  FOR  THOSE FELONY OFFENSES DEFINED IN SECTIONS 130.35,
 130.50, 130.70, 130.75 AND 255.27 OF THIS CHAPTER,  AT  SENTENCING,  THE
 PRESIDING  JUDGE  SHALL  HAVE  THE OPTION OF IMPOSING A SENTENCE OF LIFE
 IMPRISONMENT WITH OR WITHOUT PAROLE.
   § 3. This act shall take effect immediately.