STATE OF NEW YORK
        ________________________________________________________________________
                                          3073
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 26, 2017
                                       ___________
        Introduced  by  M.  of A. BARNWELL, 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:
     1    Section  1.  Subparagraph  (ii)  of  paragraph (a) of subdivision 3 of
     2  section 70.00 of the penal law, as amended by chapter 107 of the laws of
     3  2006, is amended to read as follows:
     4    (ii) For a class A-II felony, such minimum period shall  not  be  less
     5  than  three years nor more than eight years four months, except that for
     6  the class A-II felony of predatory sexual assault as defined in  section
     7  130.95  of  this  chapter  or  the class A-II felony of predatory sexual
     8  assault against a child as defined in section 130.96  of  this  chapter,
     9  such  minimum  period  shall  be  not less than ten years [nor more than
    10  twenty-five years]. At sentencing, the presiding judge  shall  have  the
    11  option  of  imposing  a  sentence  of  life imprisonment with or without
    12  parole if the defendant is found guilty of violating sections 130.95  or
    13  130.96 of this chapter.
    14    § 2. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
    15  as  amended  by  chapter  368 of the laws of 2015, is amended to read as
    16  follows:
    17    (a) Class B violent felony offenses: an attempt to  commit  the  class
    18  A-I  felonies  of  murder  in  the  second  degree as defined in section
    19  125.25, kidnapping in the first degree as defined in section 135.25, and
    20  arson in the first degree as defined in section 150.20; manslaughter  in
    21  the  first  degree as defined in section 125.20, aggravated manslaughter
    22  in the first degree as defined in section  125.22,  rape  in  the  first
    23  degree  as  defined  in section 130.35, criminal sexual act in the first
    24  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.
                                                                   LBD08027-01-7

        A. 3073                             2
     1  first  degree  as  defined  in  section 130.70, course of sexual conduct
     2  against a child in the  first  degree  as  defined  in  section  130.75;
     3  assault  in the first degree as defined in section 120.10, kidnapping in
     4  the  second  degree  as defined in section 135.20, burglary in the first
     5  degree as defined in section 140.30,  arson  in  the  second  degree  as
     6  defined  in  section  150.15,  robbery in the first degree as defined in
     7  section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
     8  subdivision  five  of  section  230.34,  incest  in  the first degree as
     9  defined in section 255.27, criminal possession of a weapon in the  first
    10  degree  as  defined  in section 265.04, criminal use of a firearm in the
    11  first degree as defined in section 265.09, criminal sale of a firearm in
    12  the first degree as defined in section 265.13, aggravated assault upon a
    13  police officer or a peace officer as defined  in  section  120.11,  gang
    14  assault in the first degree as defined in section 120.07, intimidating a
    15  victim  or  witness  in  the  first degree as defined in section 215.17,
    16  hindering prosecution of terrorism in the first  degree  as  defined  in
    17  section  490.35,  criminal possession of a chemical weapon or biological
    18  weapon in the second degree as defined in section 490.40,  and  criminal
    19  use  of  a  chemical  weapon or biological weapon in the third degree as
    20  defined in section 490.47. For those felony offenses defined in sections
    21  130.35, 130.50, 130.70, 130.75 and 255.27 of this article,  at  sentenc-
    22  ing, the presiding judge shall have the option of imposing a sentence of
    23  life imprisonment with or without parole.
    24    § 3. This act shall take effect immediately.