New York A 2038: Permits students of SUNY, CUNY, or state-funded institutions of higher education to observe certain holidays without facing academic repercussions

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A02038 Summary:

BILL NOA02038 

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SAME ASNo Same As

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SPONSORSantabarbara

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COSPNSR

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MLTSPNSR

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Amd §70.00, Pen L

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Relates to providing for a mandatory ten-year minimum sentence of imprisonment for certain felony convictions of public servants.

Go to top A02038 Actions:

BILL NOA02038 

&nbsp

01/14/2025referred to codes

01/07/2026referred to codes

Go to topA02038 Committee&nbspVotes:

Go to topA02038 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02038 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2038

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 14, 2025
 ___________

 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:

 1 Section 1. Subdivision 2 of section 70.00 of the penal law is amended
 2 by adding a new closing paragraph to read as follows:
 3 Provided, however, where the minimum period of imprisonment estab-
 4 lished by paragraph (b) of subdivision three of this section exceeds the
 5 maximum term of imprisonment established by this subdivision, such maxi-
 6 mum term of imprisonment shall not exceed thirteen years.
 7 § 2. Paragraph (b) of subdivision 3 and subdivision 4 of section 70.00
 8 of the penal law, paragraph (b) of subdivision 3 as amended by chapter
 9 746 of the laws of 2006 and subdivision 4 as amended by chapter 738 of
 10 the laws of 2004, are amended to read as follows:
 11 (b) For any other felony, the minimum period shall be fixed by the
 12 court and specified in the sentence and shall be not less than one year
 13 nor more than one-third of the maximum term imposed; provided, however,
 14 the court shall fix a minimum period of at least ten years when the
 15 sentence is for a conviction of section 195.20 (defrauding the govern-
 16 ment); section 200.10 (bribe receiving in the third degree); section
 17 200.11 (bribe receiving in the second degree); section 200.12 (bribe
 18 receiving in the first degree); section 200.25 (receiving reward for
 19 official misconduct in the second degree); section 200.27 (receiving
 20 reward for official misconduct in the first degree); section 200.50
 21 (bribe receiving for public office); section 496.02 (corrupting the
 22 government in the fourth degree); section 496.03 (corrupting the govern-
 23 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.
 LBD05062-01-5

 A. 2038 2

 1 the second degree); section 496.05 (corrupting the government in the
 2 first degree) or section 496.06 (public corruption).
 3 4. Alternative definite sentence for class D and E felonies. When a
 4 person, other than a second or persistent felony offender or a person
 5 sentenced for any of the crimes listed in paragraph (b) of subdivision
 6 three of this section, is sentenced for a class D or class E felony, and
 7 the court, having regard to the nature and circumstances of the crime
 8 and to the history and character of the defendant, is of the opinion
 9 that a sentence of imprisonment is necessary but that it would be unduly
 10 harsh to impose an indeterminate or determinate sentence, the court may
 11 impose a definite sentence of imprisonment and fix a term of one year or
 12 less.
 13 § 3. This act shall take effect immediately.

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