N.Y. Penal Law § 70.08 : Sentences — Penal — Sentences Of Imprisonment — Sentence of imprisonment for persistent violent felony offender; criteria

10 Jun 2016

Current through 2016 New York Laws, Chapters 1 to 237

1. Definition of persistent violent felony offender.
(a) A persistent violent felony offender is a person who stands convicted of a violent felony offense as defined in subdivision one of section 70.02 or the offense of predatory sexual assault as defined in section 130.95 of this chapter or the offense of predatory sexual assault against a child as defined in section 130.96 of this chapter, after having previously been subjected to two or more predicate violent felony convictions as defined in paragraph (b) of subdivision one of section 70.04 of this article.
(b) For the purpose of determining whether a person has two or more predicate violent felony convictions, the criteria set forth in paragraph (b) of subdivision one of section 70.04 shall apply.
2. Authorized sentence. When the court has found, pursuant to the provisions of the criminal procedure law, that a person is a persistent violent felony offender the court must impose an indeterminate sentence of imprisonment, the maximum term of which shall be life imprisonment. The minimum period of imprisonment under such sentence must be in accordance with subdivision three of this section.
3. [Effective until 9/1/2017] Minimum period of imprisonment. The minimum period of imprisonment under an indeterminate life sentence for a persistent violent felony offender must be fixed by the court as follows:
(a) 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, the minimum period must be twenty-five years;
(a-1) For a class B felony, the minimum period must be at least twenty years and must not exceed twenty-five years;
(b) For a class C felony, the minimum period must be at least sixteen years and must not exceed twenty-five years;
(c) For a class D felony, the minimum period must be at least twelve years and must not exceed twenty-five years.
3. [Effective 9/1/2017] Minimum period of imprisonment. The minimum period of imprisonment under an indeterminate life sentence for a persistent violent felony offender must be fixed by the court as follows:
(a) 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, the minimum period must be twenty-five years;
(a-1) For a class B felony, the minimum period must be at least ten years and must not exceed twenty-five years;
(b) For a class C felony, the minimum period must be at least eight years and must not exceed twenty-five years;
(c) For a class D felony, the minimum period must be at least six years and must not exceed twenty-five years.
N.Y. Law § 70.08
Amended by New York Laws 2015, ch. 55,Sec. B-19, eff. 4/13/2015.