§ 70.08 Sentence of imprisonment for persistent violent felony offender;
criteria.
- 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. - 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. - *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.
* NB Effective until September 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.
* NB Effective September 1, 2017
