Bill S4398A-2011

Provides for mandatory imprisonment and plea restrictions for offenses victimizing the elderly and physically disabled

Defines the felonies of victimizing the elderly or physically disabled in the 3rd degree, 2nd degree and 1st degree and provides that a sentence of imprisonment must be imposed upon conviction of certain offenses against the elderly or physically disabled; provides that a juvenile offender shall include a person 14 or 15 years old who is criminally responsible for victimizing the elderly or physically disabled; includes within the category, "eligible youth" for youthful offender treatment, one who has been convicted of victimizing the elderly or the physically disabled in the 1st degree; provides certain plea restrictions and sentencing structure for persons convicted of such crimes.

Details

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Dec 9, 2011: PRINT NUMBER 4398A
  • Dec 9, 2011: AMEND AND RECOMMIT TO CODES
  • Apr 4, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S4398A

TITLE OF BILL: An act to amend the penal law and the criminal procedure law, in relation to mandatory imprisonment and plea restrictions for offenses victimizing the elderly and physically disabled

SUMMARY OF PROVISIONS:

The bill provides that those who commit serious crimes against elderly persons 62 years of age or older or the physically disabled must be sentenced to prison and face reduced opportunities for plea bargaining. Juveniles who commit such crimes would be sent by court order to secure juvenile facilities for specific minimum periods of restricted placement. Specifically, the bill focuses on those crimes against the elderly and disabled which involve the use of force, fear, coercion, or violence.

A new Article 280 is added to the Penal Law establishing the crime of victimizing the elderly in 3 separate degrees: class B, C, and D felonies. The newly established crimes set forth B, C and D felonies respectively, and add the aggravating element that the crime was committed against a person 62 years old or physically disabled.

A prison sentence is mandated for those who are convicted of such crimes in accordance with the provisions of new §70.09. Under this section, offenders against the elderly would receive lengthier minimum periods of imprisonment than the ordinary offender who receives a prison sentence but less than the second felony offender. Penalties for offenses against the elderly are specifically required for the following crimes: menacing, unlawful imprisonment, and grand larceny. Plea bargaining, already restricted for class A and B felonies, is further restricted for those accused of the class C felony of victimizing the elderly in the second degree.

Finally, juveniles who are found to have committed the crime of victimizing the elderly in the first or second degree, would be subject to mandatory court placement in secure DFY facilities.

JUSTIFICATION:

Elderly people continue to be singled out as victims of physical attack and muggings. Moreover, the physical harm and emotional trauma suffered by elderly victims of crime have a devastating effect on them. Thus, the problem of crime against the elderly is not limited to volume, but encompasses serious social, psychological, and physical consequences. These consequences impact the aged in a disproportionately severe manner compared to younger persons because elderly people are less able to recover from the results of .crime than younger people. Criminologists, sociologists, psychologists, lawyers, and policemen have recognized and acknowledged this fact - the law has not. Thus,

we witness its ineffectiveness in deterring crimes against older persons which involve violence and the threat of violence.

The law should provide more stringent treatment for offenders who prey upon the elderly and disabled, many of whom have been repeatedly victimized by the same persons. The elderly victim has the dubious distinction of presenting unique characteristics as an inviting target of crime such as decreased physical capability to resist an attacker. He/she cannot move as quickly as younger people; cannot see as well; cannot hear as well; sensory perception is not as sharp as that of a younger person. The after effects of crime on the elderly affect them much more deeply than the crime statistics indicate. The emotional trauma of a face-to-face crime affects them much more acutely -- many never recover psychologically.

An elderly person is also more likely to suffer permanent physical damage. These victims often become afraid to leave their homes to go shopping, to visit a friend, to go to the doctor, or to simply enjoy the outdoors. Their lifestyles become downgraded, isolated, and sometimes result in death. The older crime victim is twice victimized -- by the crime and by its after-effects.

Furthermore, many elderly people do not report a crime or press charges because they fear reprisal, oftentimes justifiably. For these reasons, offenses committed against elderly persons must be viewed as unique and deserving of stricter treatment. Such treatment is by no means considered a panacea - the root problem of crime is tangled and complex. It is necessary, however, to establish a meaningful deterrent for those who prey upon the elderly, including juveniles and youthful offenders.

FISCAL IMPLICATIONS: None.

PRIOR LEGISLATIVE HISTORY: 1995-96: Assembly Codes Cmte. 1997-98: Assembly Codes Cmte. 1999-00: Assembly Codes Cmte. 2001-02: Assembly Codes Cmte. 2003-04: Senate Codes Cmte./Assembly Codes Cmte. 2005-06: Senate Codes Cmte./Assembly Codes Cmte. 2007: Senate Codes Cmte./Assembly Codes Cmte. 2008: Senate Codes Cmte./Assembly 2009: Senate Codes Cmte. 2010: Senate Codes Cmte./Notice of Committee Consideration Requested; Reported and Committed to Finance Cmte.

EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4398--A 2011-2012 Regular Sessions IN SENATE April 4, 2011 ___________
Introduced by Sen. FLANAGAN -- 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 and the criminal procedure law, in relation to mandatory imprisonment and plea restrictions for offenses victimizing the elderly and physically disabled THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. It is hereby found and declared that elderly and physically disabled people continue to be singled out as victims of crime. It is also found that the physical harm and emotional trauma suffered by elderly and physically disabled crime victims has a devastating effect on the lives of those victims. The elderly or physically disabled victim has a decreased physical capability to resist an attacker and thus becomes an inviting target of crime. Moreover, the aftereffects of crime on the elderly and the phys- ically handicapped affect them more deeply than any statistics would indicate. The emotional trauma and possible serious physical damage resulting from a face to face crime may cause a permanent downgrading in the elderly or physically disabled victim's lifestyle. Such victims often impose "house-arrest" on themselves, afraid to shop, to visit friends, to go to the doctor, to live, unless behind locked doors. Even those elderly or physically disabled who are not direct victims of crime suffer indirectly, because they, having learned of the terrible tragedy suffered by other elderly and physically disabled and fearful for their own individual safety, barricade themselves within their homes. The older or physically disabled crime victim is thus twice victimized--by the crime and by its aftermath. Criminologists, sociologists, psychologists, and the police all recog- nize and acknowledge these facts, but the law does not. It has been
ineffective in deterring crimes against the elderly and the physically disabled, particularly those involving violence or the threat of violence. Similarly, special projects on crime prevention and improved techniques of communications for the elderly to the police do not halt or reduce such crime. For these reasons, offenses committed against the elderly or the physically disabled must be treated as unique, and legis- lation must be enacted to provide a meaningful deterrent for those offenders who now victimize the elderly and the physically disabled. S 2. Subdivision 18 of section 10.00 of the penal law, as amended by chapter 7 of the laws of 2007, is amended to read as follows: 18. "Juvenile offender" means (1) a person thirteen years old who is criminally responsible for acts constituting murder in the second degree as defined in subdivisions one and two of section 125.25 of this chapter or such conduct as a sexually motivated felony, where authorized pursu- ant to section 130.91 of [the penal law] THIS CHAPTER; and (2) a person fourteen or fifteen years old who is criminally responsi- ble for acts constituting the crimes defined in subdivisions one and two of section 125.25 (murder in the second degree) and in subdivision three of such section provided that the underlying crime for the murder charge is one for which such person is criminally responsible; section 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one and two of section 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); subdivisions one and two of section 130.35 (rape in the first degree); subdivisions one and two of section 130.50 (criminal sexual act in the first degree); 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); 150.15 (arson in the second degree); 160.15 (robbery in the first degree); subdivision two of section 160.10 (robbery in the second degree) of this chapter; or section 265.03 of this chapter, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of this chapter; or defined in this chapter as an attempt to commit murder in the second degree or kidnapping in the first degree; SECTION 280.00 (VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE THIRD DEGREE); SECTION 280.05 (VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISA- BLED IN THE SECOND DEGREE); OR SECTION 280.10 (VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE FIRST DEGREE), or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of [the penal law] THIS CHAPTER. S 3. Section 10.00 of the penal law is amended by adding three new subdivisions 21, 22 and 23 to read as follows: 21. "ELDERLY PERSON" MEANS A HUMAN BEING SIXTY-TWO YEARS OLD OR MORE. 22. "VICTIM", AS THAT TERM IS USED IN ARTICLE TWO HUNDRED EIGHTY OF THIS CHAPTER, MEANS, IN A CASE OF: (A) ASSAULT, THE PERSON INJURED OR INTENDED TO BE INJURED; (B) MANSLAUGHTER OR MURDER, THE PERSON KILLED OR INTENDED TO BE KILLED OR INJURED; (C) RAPE OR CRIMINAL SEXUAL ACT, THE PERSON WITH WHOM THE DEFENDANT HAS THE SEXUAL INTERCOURSE OR DEVIATE SEXUAL INTERCOURSE; (D) KIDNAPPING, THE PERSON ABDUCTED; (E) BURGLARY OR ROBBERY, THE PERSON INJURED, OR AGAINST WHOM A DANGEROUS INSTRUMENT IS OR IS THREATENED TO BE USED, OR TO WHOM THE WEAPON IS DISPLAYED; (F) ARSON, THE PERSON PRESENT IN THE BUILDING AT THE TIME; OR (G) LARCENY, THE PERSON IN WHOM FEAR IS INSTILLED.
23. "PHYSICALLY DISABLED PERSON" MEANS A HUMAN BEING: (A) HAVING AN IMPAIRMENT REQUIRING THE USE OF LEG BRACES, CRUTCHES OR ARTIFICIAL SUPPORT, OR (B) HAVING AN IMPAIRMENT REQUIRING CONFINEMENT TO A WHEELCHAIR, OR (C) HAVING AN IMPAIRMENT CAUSED BY AMPUTATION OF A LIMB, OR (D) HAVING TOTAL OR PARTIAL IMPAIRMENT OF SIGHT NECESSITATING THE USE OF A GUIDE DOG OR OTHER GUIDING DEVICE. S 4. The penal law is amended by adding a new article 280 to read as follows: ARTICLE 280 OFFENSES AGAINST THE ELDERLY OR PHYSICALLY DISABLED SECTION 280.00 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE THIRD DEGREE. 280.05 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE SECOND DEGREE. 280.10 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE FIRST DEGREE. S 280.00 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE THIRD DEGREE. A PERSON IS GUILTY OF VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISA- BLED IN THE THIRD DEGREE WHEN HE OR SHE: 1. COMMITS ANY OF THE FOLLOWING FELONIES: ATTEMPT TO COMMIT VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE SECOND DEGREE AS DEFINED IN SECTION 280.05, OR ASSAULT IN THE SECOND DEGREE AS DEFINED IN SECTION 120.05; AND 2. THE VICTIM OF SUCH CRIME IS AN ELDERLY PERSON OR A PHYSICALLY DISA- BLED PERSON. VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE THIRD DEGREE IS A CLASS D FELONY. S 280.05 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE SECOND DEGREE. A PERSON IS GUILTY OF VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISA- BLED IN THE SECOND DEGREE WHEN HE OR SHE: 1. COMMITS ANY OF THE FOLLOWING FELONIES: ATTEMPT TO COMMIT VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE FIRST DEGREE AS DEFINED IN SECTION 280.10, ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION 120.10, BURGLARY IN THE SECOND DEGREE AS DEFINED IN PARAGRAPH (B), (C), OR (D) OF SUBDIVISION ONE OF SECTION 140.25, GRAND LARCENY IN THE SECOND DEGREE AS DEFINED IN CLAUSE (A) OF SUBDIVISION TWO OF SECTION 155.40, OR ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 160.10; AND 2. THE VICTIM OF SUCH CRIME IS AN ELDERLY PERSON OR A PHYSICALLY DISA- BLED PERSON. VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE SECOND DEGREE IS A CLASS C FELONY. S 280.10 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE FIRST DEGREE. A PERSON IS GUILTY OF VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISA- BLED IN THE FIRST DEGREE WHEN HE OR SHE: 1. COMMITS ANY OF THE FOLLOWING FELONIES: ATTEMPT TO COMMIT A CLASS A-I FELONY OTHER THAN AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY, MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.20, RAPE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.35, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE AS DEFINED IN SECTION 130.50, KIDNAPPING IN THE SECOND DEGREE AS DEFINED IN SECTION 135.20, BURGLARY IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION TWO, THREE OR
FOUR OF SECTION 140.30, OR ROBBERY IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION ONE, THREE OR FOUR OF SECTION 160.15; AND 2. THE VICTIM OF SUCH CRIME IS AN ELDERLY PERSON OR A PHYSICALLY DISA- BLED PERSON. VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE FIRST DEGREE IS A CLASS B FELONY. S 5. Section 60.05 of the penal law, as amended by chapter 410 of the laws of 1979, the section heading and subdivisions 2, 3 and 4 as amended by chapter 738 of the laws of 2004, subdivision 1 as amended by chapter 7 of the laws of 2007 and subdivision 5 as amended by chapter 405 of 2010, is amended to read as follows: S 60.05 Authorized dispositions; other class A, B, certain C and D felo- nies and multiple felony offenders. 1. Applicability. Except as provided in section 60.04 of this article governing the authorized dispositions applicable to felony offenses defined in article two hundred twenty or two hundred twenty-one of this chapter or in section 60.13 of this article governing the authorized dispositions applicable to felony sex offenses defined in paragraph (a) of subdivision one of section 70.80 of this title, this section shall govern the dispositions authorized when a person is to be sentenced upon a conviction of a class A felony, a class B felony or a class C, class D or class E felony specified herein, or when a person is to be sentenced upon a conviction of a felony as a multiple felony offender. 2. Class A felony. Except as provided in SUBDIVISION SEVEN OF THIS SECTION AND subdivisions three and four of section 70.06 of this chap- ter, every person convicted of a class A felony must be sentenced to imprisonment in accordance with section 70.00 of this title, unless such person is convicted of murder in the first degree and is sentenced in accordance with section 60.06 of this article. 3. Class B felony. Except as provided in [subdivision] SUBDIVISIONS six AND SEVEN of this section, every person convicted of a class B violent felony offense as defined in subdivision one of section 70.02 of this title, must be sentenced to imprisonment in accordance with such section 70.02; and, except as provided in subdivision six of this section, every person convicted of any other class B felony must be sentenced to imprisonment in accordance with section 70.00 of this title. 4. Certain class C felonies. Except as provided in [subdivision] SUBDIVISIONS six AND SEVEN, every person convicted of a class C violent felony offense as defined in subdivision one of section 70.02 of this title, must be sentenced to imprisonment in accordance with section 70.02 of this title; and, except as provided in subdivision six of this section, every person convicted of the class C felonies of: attempt to commit any of the class B felonies of bribery in the first degree as defined in section 200.04, bribe receiving in the first degree as defined in section 200.12, conspiracy in the second degree as defined in section 105.15 and criminal mischief in the first degree as defined in section 145.12; criminal usury in the first degree as defined in section 190.42, rewarding official misconduct in the first degree as defined in section 200.22, receiving reward for official misconduct in the first degree as defined in section 200.27, attempt to promote prostitution in the first degree as defined in section 230.32, promoting prostitution in the second degree as defined in section 230.30, arson in the third degree as defined in section 150.10 of this chapter, must be sentenced to imprisonment in accordance with section 70.00 of this title.
5. Certain class D felonies. Except as provided in subdivision six of this section, every person convicted of the class D felonies of assault in the second degree as defined in section 120.05, strangulation in the second degree as defined in section 121.12 or attempt to commit a class C felony as defined in section 230.30 of this chapter, must be sentenced in accordance with section 70.00 or 85.00 of this title. 6. Multiple felony offender. When the court imposes sentence upon a second violent felony offender, as defined in section 70.04, or a second felony offender, as defined in section 70.06, the court must impose a sentence of imprisonment in accordance with section 70.04 or 70.06, as the case may be, unless it imposes a sentence of imprisonment in accord- ance with section 70.08 or 70.10. 7. ARTICLE TWO HUNDRED EIGHTY OFFENSES. WHEN THE COURT IMPOSES SENTENCE UPON A PERSON CONVICTED OF AN OFFENSE ENUMERATED IN ARTICLE TWO HUNDRED EIGHTY, IT MUST IMPOSE A SENTENCE OF IMPRISONMENT IN ACCORDANCE WITH SECTION 70.09, UNLESS IT IMPOSES A SENTENCE OF IMPRISONMENT IN ACCORDANCE WITH SECTION 70.06 OR 70.10. 8. Fines. Where the court imposes a sentence of imprisonment in accordance with this section, the court also may impose a fine author- ized by article eighty and in such case the sentence shall be both imprisonment and a fine. S 6. The penal law is amended by adding a new section 70.09 to read as follows: S 70.09 SENTENCE OF IMPRISONMENT FOR CERTAIN OFFENSES AGAINST THE ELDER- LY OR THE PHYSICALLY DISABLED. 1. EXCEPT AS PROVIDED IN SUBDIVISION FOUR EVERY PERSON, OTHER THAN A PERSON SENTENCED AS A SECOND OR PERSISTENT FELONY OFFENDER, WHO IS CONVICTED OF AN OFFENSE AGAINST THE ELDERLY OR THE PHYSICALLY DISABLED DEFINED IN ARTICLE TWO HUNDRED EIGHTY OF THIS CHAPTER, MUST BE SENTENCED TO AN INDETERMINATE SENTENCE OF IMPRISONMENT IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION. 2. THE MAXIMUM TERM OF SUCH INDETERMINATE SENTENCE MUST BE FIXED AS FOLLOWS: (A) FOR THE CLASS B FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS- ICALLY DISABLED IN THE FIRST DEGREE, THE TERM MUST BE AT LEAST NINE YEARS AND MUST NOT EXCEED TWENTY-FIVE YEARS; (B) FOR THE CLASS C FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS- ICALLY DISABLED IN THE SECOND DEGREE, THE TERM MUST BE AT LEAST SIX YEARS AND MUST NOT EXCEED FIFTEEN YEARS; (C) FOR THE CLASS D FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS- ICALLY DISABLED IN THE THIRD DEGREE, THE TERM MUST BE AT LEAST FOUR YEARS AND MUST NOT EXCEED SEVEN YEARS. 3. THE MINIMUM PERIOD OF IMPRISONMENT FOR SUCH INDETERMINATE SENTENCE MUST BE FIXED BY THE COURT AND MUST BE SPECIFIED IN THE SENTENCE AS FOLLOWS: (A) FOR THE CLASS B FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS- ICALLY DISABLED IN THE FIRST DEGREE, THE MINIMUM PERIOD OF IMPRISONMENT SHALL NOT BE LESS THAN THREE YEARS NOR MORE THAN ONE-THIRD THE MAXIMUM TERM IMPOSED BY THE COURT; (B) FOR THE CLASS C FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS- ICALLY DISABLED IN THE SECOND DEGREE, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE NOT LESS THAN TWO YEARS NOR MORE THAN ONE-THIRD THE MAXIMUM TERM IMPOSED BY THE COURT; (C) FOR THE CLASS D FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS- ICALLY DISABLED IN THE THIRD DEGREE, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE ONE-THIRD THE MAXIMUM TERM IMPOSED BY THE COURT.
4. ALTERNATIVE DEFINITE SENTENCE FOR CLASS D FELONY OFFENSE AGAINST THE ELDERLY OR THE PHYSICALLY DISABLED. WHEN A PERSON, OTHER THAN A MULTIPLE FELONY OFFENDER, IS SENTENCED FOR THE CLASS D FELONY OF VICTIM- IZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE THIRD DEGREE, 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 IT WOULD BE UNDULY HARSH TO IMPOSE AN INDETERMINATE SENTENCE, THE COURT MAY IMPOSE A DEFINITE SENTENCE OF IMPRISONMENT AND FIX A TERM OF ONE YEAR. S 7. Subdivision 4 of section 180.75 of the criminal procedure law, as amended by chapter 264 of the laws of 2003, is amended to read as follows: 4. Notwithstanding the provisions of subdivisions two and three of this section, a local criminal court shall, at the request of the district attorney, order removal of an action against a juvenile offen- der to the family court pursuant to the provisions of article seven hundred twenty-five of this chapter if, upon consideration of the crite- ria specified in subdivision two of section 210.43 of this chapter, it is determined that to do so would be in the interests of justice. Where, however, the felony complaint charges the juvenile offender with AN OFFENSE AGAINST THE ELDERLY OR PHYSICALLY DISABLED, OR murder in the second degree as defined in section 125.25 of the penal law, rape in the first degree as defined in subdivision one of section 130.35 of the penal law, criminal sexual act in the first degree as defined in subdi- vision one of section 130.50 of the penal law, or an armed felony as defined in paragraph (a) of subdivision forty-one of section 1.20 of this chapter, a determination that such action be removed to the family court shall, in addition, be based upon a finding of one or more of the following factors: (i) mitigating circumstances that bear directly upon the manner in which the crime was committed; or (ii) where the defendant was not the sole participant in the crime, the defendant's participation was relatively minor although not so minor as to constitute a defense to the prosecution; or (iii) possible deficiencies in proof of the crime. S 8. Paragraph (c) of subdivision 5 of section 220.10 of the criminal procedure law, as amended by chapter 410 of the laws of 1979, is amended to read as follows: (c) Where the indictment charges a felony, other than a class A felo- ny or class B felony defined in article two hundred twenty of the penal law or class B or class C violent felony offense as defined in subdivi- sion one of section 70.02 of the penal law, OR THE CLASS C FELONY OF VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE SECOND DEGREE AS DEFINED IN SECTION 280.05 OF THE PENAL LAW, and it appears that the defendant has previously been subjected to a predicate felony conviction as defined in [penal law] section 70.06 OF THE PENAL LAW then any plea of guilty entered pursuant to subdivision three or four must be or must include at least a plea of guilty of a felony. S 9. Subparagraph (vi) of paragraph (b) of subdivision 3 of section 220.30 of the criminal procedure law, as amended by chapter 481 of the laws of 1978 and as renumbered by chapter 233 of the laws of 1980, is amended to read as follows: (vi) A plea of guilty, whether to the entire indictment or to part of the indictment for any crime other than a felony, may not be accepted on the condition that it constitutes a complete disposition of one or more other indictments against the defendant wherein is charged a class B felony other than a class B violent felony offense as defined in subdi- vision one of section 70.02 of the penal law, OR THE CLASS C FELONY OF
VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE SECOND DEGREE AS DEFINED IN SECTION 280.05 OF THE PENAL LAW. S 10. Subdivision 2 of section 720.10 of the criminal procedure law, as amended by chapter 416 of the laws of 1986, paragraph (a) as amended by chapter 316 of the laws of 2006, is amended to read as follows: 2. "Eligible youth" means a youth who is eligible to be found a youthful offender. Every youth is so eligible unless: (a) the conviction to be replaced by a youthful offender finding is for (i) a class A-I or class A-II felony, or (ii) an armed felony as defined in subdivision forty-one of section 1.20, except as provided in subdivision three, or (iii) rape in the first degree, criminal sexual act in the first degree, or aggravated sexual abuse, except as provided in subdivision three, or (b) such youth has previously been convicted and sentenced for a felo- ny, or (c) such youth has previously been adjudicated a youthful offender following conviction of a felony or has been adjudicated on or after September first, nineteen hundred seventy-eight a juvenile delinquent who committed a designated felony act as defined in the family court act, OR (D) SUCH YOUTH HAS BEEN CONVICTED OF THE CLASS B FELONY OF VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE FIRST DEGREE AS DEFINED IN SECTION 280.10 OF THE PENAL LAW. S 11. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus