S T A T E O F N E W Y O R K
________________________________________________________________________
4671
2013-2014 Regular Sessions
I N A S S E M B L Y
February 7, 2013
___________
Introduced by M. of A. RAIA, HAWLEY, KOLB, JOHNS, MALLIOTAKIS -- Multi-
Sponsored by -- M. of A. CERETTO, CROUCH, FITZPATRICK, McKEVITT,
McLAUGHLIN, OAKS, PALMESANO, RA, SALADINO, STEVENSON, THIELE -- read
once and referred to the Committee on Codes
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:
1 Section 1. It is hereby found and declared that elderly and physically
2 disabled people continue to be singled out as victims of crime. It is
3 also found that the physical harm and emotional trauma suffered by
4 elderly and physically disabled crime victims has a devastating effect
5 on the lives of those victims.
6 The elderly or physically disabled victim has a decreased physical
7 capability to resist an attacker and thus becomes an inviting target of
8 crime. Moreover, the aftereffects of crime on the elderly and the phys-
9 ically handicapped affect them more deeply than any statistics would
10 indicate. The emotional trauma and possible serious physical damage
11 resulting from a face to face crime may cause a permanent downgrading in
12 the elderly or physically disabled victim's lifestyle. Such victims
13 often impose "house-arrest" on themselves, afraid to shop, to visit
14 friends, to go to the doctor, to live, unless behind locked doors. Even
15 those elderly or physically disabled who are not direct victims of crime
16 suffer indirectly, because they, having learned of the terrible tragedy
17 suffered by other elderly and physically disabled and fearful for their
18 own individual safety, barricade themselves within their homes. The
19 older or physically disabled crime victim is thus twice victimized--by
20 the crime and by its aftermath.
21 Criminologists, sociologists, psychologists, and the police all recog-
22 nize and acknowledge these facts, but the law does not. It has been
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05017-01-3
A. 4671 2
1 ineffective in deterring crimes against the elderly and the physically
2 disabled, particularly those involving violence or the threat of
3 violence. Similarly, special projects on crime prevention and improved
4 techniques of communications for the elderly to the police do not halt
5 or reduce such crime. For these reasons, offenses committed against the
6 elderly or the physically disabled must be treated as unique, and legis-
7 lation must be enacted to provide a meaningful deterrent for those
8 offenders who now victimize the elderly and the physically disabled.
9 S 2. Subdivision 18 of section 10.00 of the penal law, as amended by
10 chapter 7 of the laws of 2007, is amended to read as follows:
11 18. "Juvenile offender" means (1) a person thirteen years old who is
12 criminally responsible for acts constituting murder in the second degree
13 as defined in subdivisions one and two of section 125.25 of this chapter
14 or such conduct as a sexually motivated felony, where authorized pursu-
15 ant to section 130.91 of [the penal law] THIS CHAPTER; and
16 (2) a person fourteen or fifteen years old who is criminally responsi-
17 ble for acts constituting the crimes defined in subdivisions one and two
18 of section 125.25 (murder in the second degree) and in subdivision three
19 of such section provided that the underlying crime for the murder charge
20 is one for which such person is criminally responsible; section 135.25
21 (kidnapping in the first degree); 150.20 (arson in the first degree);
22 subdivisions one and two of section 120.10 (assault in the first
23 degree); 125.20 (manslaughter in the first degree); subdivisions one and
24 two of section 130.35 (rape in the first degree); subdivisions one and
25 two of section 130.50 (criminal sexual act in the first degree); 130.70
26 (aggravated sexual abuse in the first degree); 140.30 (burglary in the
27 first degree); subdivision one of section 140.25 (burglary in the second
28 degree); 150.15 (arson in the second degree); 160.15 (robbery in the
29 first degree); subdivision two of section 160.10 (robbery in the second
30 degree) of this chapter; or section 265.03 of this chapter, where such
31 machine gun or such firearm is possessed on school grounds, as that
32 phrase is defined in subdivision fourteen of section 220.00 of this
33 chapter; or defined in this chapter as an attempt to commit murder in
34 the second degree or kidnapping in the first degree; SECTION 280.00
35 (VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE THIRD
36 DEGREE); SECTION 280.05 (VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISA-
37 BLED IN THE SECOND DEGREE); OR SECTION 280.10 (VICTIMIZING THE ELDERLY
38 OR THE PHYSICALLY DISABLED IN THE FIRST DEGREE), or such conduct as a
39 sexually motivated felony, where authorized pursuant to section 130.91
40 of [the penal law] THIS CHAPTER.
41 S 3. Section 10.00 of the penal law is amended by adding three new
42 subdivisions 21, 22 and 23 to read as follows:
43 21. "ELDERLY PERSON" MEANS A HUMAN BEING SIXTY-TWO YEARS OLD OR MORE.
44 22. "VICTIM", AS THAT TERM IS USED IN ARTICLE TWO HUNDRED EIGHTY OF
45 THIS CHAPTER, MEANS, IN A CASE OF:
46 (A) ASSAULT, THE PERSON INJURED OR INTENDED TO BE INJURED;
47 (B) MANSLAUGHTER OR MURDER, THE PERSON KILLED OR INTENDED TO BE
48 KILLED OR INJURED;
49 (C) RAPE OR CRIMINAL SEXUAL ACT, THE PERSON WITH WHOM THE DEFENDANT
50 HAS THE SEXUAL INTERCOURSE OR DEVIATE SEXUAL INTERCOURSE;
51 (D) KIDNAPPING, THE PERSON ABDUCTED;
52 (E) BURGLARY OR ROBBERY, THE PERSON INJURED, OR AGAINST WHOM A
53 DANGEROUS INSTRUMENT IS OR IS THREATENED TO BE USED, OR TO WHOM THE
54 WEAPON IS DISPLAYED;
55 (F) ARSON, THE PERSON PRESENT IN THE BUILDING AT THE TIME; OR
56 (G) LARCENY, THE PERSON IN WHOM FEAR IS INSTILLED.
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1 23. "PHYSICALLY DISABLED PERSON" MEANS A HUMAN BEING:
2 (A) HAVING AN IMPAIRMENT REQUIRING THE USE OF LEG BRACES, CRUTCHES OR
3 ARTIFICIAL SUPPORT, OR
4 (B) HAVING AN IMPAIRMENT REQUIRING CONFINEMENT TO A WHEELCHAIR, OR
5 (C) HAVING AN IMPAIRMENT CAUSED BY AMPUTATION OF A LIMB, OR
6 (D) HAVING TOTAL OR PARTIAL IMPAIRMENT OF SIGHT NECESSITATING THE USE
7 OF A GUIDE DOG OR OTHER GUIDING DEVICE.
8 S 4. The penal law is amended by adding a new article 280 to read as
9 follows:
10 ARTICLE 280
11 OFFENSES AGAINST THE ELDERLY OR PHYSICALLY DISABLED
12 SECTION 280.00 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE
13 THIRD DEGREE.
14 280.05 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE
15 SECOND DEGREE.
16 280.10 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE
17 FIRST DEGREE.
18 S 280.00 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE THIRD
19 DEGREE.
20 A PERSON IS GUILTY OF VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISA-
21 BLED IN THE THIRD DEGREE WHEN HE OR SHE:
22 1. COMMITS ANY OF THE FOLLOWING FELONIES:
23 ATTEMPT TO COMMIT VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED
24 IN THE SECOND DEGREE AS DEFINED IN SECTION 280.05, OR ASSAULT IN THE
25 SECOND DEGREE AS DEFINED IN SECTION 120.05; AND
26 2. THE VICTIM OF SUCH CRIME IS AN ELDERLY PERSON OR A PHYSICALLY DISA-
27 BLED PERSON.
28 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE THIRD DEGREE
29 IS A CLASS D FELONY.
30 S 280.05 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE
31 SECOND DEGREE.
32 A PERSON IS GUILTY OF VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISA-
33 BLED IN THE SECOND DEGREE WHEN HE OR SHE:
34 1. COMMITS ANY OF THE FOLLOWING FELONIES:
35 ATTEMPT TO COMMIT VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED
36 IN THE FIRST DEGREE AS DEFINED IN SECTION 280.10, ASSAULT IN THE FIRST
37 DEGREE AS DEFINED IN SECTION 120.10, BURGLARY IN THE SECOND DEGREE AS
38 DEFINED IN PARAGRAPH (B), (C), OR (D) OF SUBDIVISION ONE OF SECTION
39 140.25, GRAND LARCENY IN THE SECOND DEGREE AS DEFINED IN CLAUSE (A) OF
40 SUBDIVISION TWO OF SECTION 155.40, OR ROBBERY IN THE SECOND DEGREE AS
41 DEFINED IN SUBDIVISION TWO OF SECTION 160.10; AND
42 2. THE VICTIM OF SUCH CRIME IS AN ELDERLY PERSON OR A PHYSICALLY DISA-
43 BLED PERSON.
44 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE SECOND
45 DEGREE IS A CLASS C FELONY.
46 S 280.10 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE FIRST
47 DEGREE.
48 A PERSON IS GUILTY OF VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISA-
49 BLED IN THE FIRST DEGREE WHEN HE OR SHE:
50 1. COMMITS ANY OF THE FOLLOWING FELONIES:
51 ATTEMPT TO COMMIT A CLASS A-I FELONY OTHER THAN AN OFFENSE DEFINED IN
52 ARTICLE TWO HUNDRED TWENTY, MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED
53 IN SECTION 125.20, RAPE IN THE FIRST DEGREE AS DEFINED IN SECTION
54 130.35, CRIMINAL SEXUAL ACT IN THE FIRST DEGREE AS DEFINED IN SECTION
55 130.50, KIDNAPPING IN THE SECOND DEGREE AS DEFINED IN SECTION 135.20,
56 BURGLARY IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION TWO, THREE OR
A. 4671 4
1 FOUR OF SECTION 140.30, OR ROBBERY IN THE FIRST DEGREE AS DEFINED IN
2 SUBDIVISION ONE, THREE OR FOUR OF SECTION 160.15; AND
3 2. THE VICTIM OF SUCH CRIME IS AN ELDERLY PERSON OR A PHYSICALLY DISA-
4 BLED PERSON.
5 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE FIRST DEGREE
6 IS A CLASS B FELONY.
7 S 5. Section 60.05 of the penal law, as amended by chapter 410 of the
8 laws of 1979, the section heading and subdivisions 2, 3 and 4 as amended
9 by chapter 738 of the laws of 2004, subdivision 1 as amended by chapter
10 7 of the laws of 2007 and subdivision 5 as amended by chapter 405 of the
11 laws of 2010, is amended to read as follows:
12 S 60.05 Authorized dispositions; other class A, B, certain C and D felo-
13 nies and multiple felony offenders.
14 1. Applicability. Except as provided in section 60.04 of this article
15 governing the authorized dispositions applicable to felony offenses
16 defined in article two hundred twenty or two hundred twenty-one of this
17 chapter or in section 60.13 of this article governing the authorized
18 dispositions applicable to felony sex offenses defined in paragraph (a)
19 of subdivision one of section 70.80 of this title, this section shall
20 govern the dispositions authorized when a person is to be sentenced upon
21 a conviction of a class A felony, a class B felony or a class C, class D
22 or class E felony specified herein, or when a person is to be sentenced
23 upon a conviction of a felony as a multiple felony offender.
24 2. Class A felony. Except as provided in SUBDIVISION SEVEN OF THIS
25 SECTION AND subdivisions three and four of section 70.06 of this chap-
26 ter, every person convicted of a class A felony must be sentenced to
27 imprisonment in accordance with section 70.00 of this title, unless such
28 person is convicted of murder in the first degree and is sentenced in
29 accordance with section 60.06 of this article.
30 3. Class B felony. Except as provided in [subdivision] SUBDIVISIONS
31 six AND SEVEN of this section, every person convicted of a class B
32 violent felony offense as defined in subdivision one of section 70.02 of
33 this title, must be sentenced to imprisonment in accordance with such
34 section 70.02; and, except as provided in subdivision six of this
35 section, every person convicted of any other class B felony must be
36 sentenced to imprisonment in accordance with section 70.00 of this
37 title.
38 4. Certain class C felonies. Except as provided in [subdivision]
39 SUBDIVISIONS six AND SEVEN, every person convicted of a class C violent
40 felony offense as defined in subdivision one of section 70.02 of this
41 title, must be sentenced to imprisonment in accordance with section
42 70.02 of this title; and, except as provided in subdivision six of this
43 section, every person convicted of the class C felonies of: attempt to
44 commit any of the class B felonies of bribery in the first degree as
45 defined in section 200.04, bribe receiving in the first degree as
46 defined in section 200.12, conspiracy in the second degree as defined in
47 section 105.15 and criminal mischief in the first degree as defined in
48 section 145.12; criminal usury in the first degree as defined in section
49 190.42, rewarding official misconduct in the first degree as defined in
50 section 200.22, receiving reward for official misconduct in the first
51 degree as defined in section 200.27, attempt to promote prostitution in
52 the first degree as defined in section 230.32, promoting prostitution in
53 the second degree as defined in section 230.30, arson in the third
54 degree as defined in section 150.10 of this chapter, must be sentenced
55 to imprisonment in accordance with section 70.00 of this title.
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1 5. Certain class D felonies. Except as provided in subdivision six of
2 this section, every person convicted of the class D felonies of assault
3 in the second degree as defined in section 120.05, strangulation in the
4 second degree as defined in section 121.12 or attempt to commit a class
5 C felony as defined in section 230.30 of this chapter, must be sentenced
6 in accordance with section 70.00 or 85.00 of this title.
7 6. Multiple felony offender. When the court imposes sentence upon a
8 second violent felony offender, as defined in section 70.04, or a second
9 felony offender, as defined in section 70.06, the court must impose a
10 sentence of imprisonment in accordance with section 70.04 or 70.06, as
11 the case may be, unless it imposes a sentence of imprisonment in accord-
12 ance with section 70.08 or 70.10.
13 7. ARTICLE TWO HUNDRED EIGHTY OFFENSES. WHEN THE COURT IMPOSES
14 SENTENCE UPON A PERSON CONVICTED OF AN OFFENSE ENUMERATED IN ARTICLE TWO
15 HUNDRED EIGHTY, IT MUST IMPOSE A SENTENCE OF IMPRISONMENT IN ACCORDANCE
16 WITH SECTION 70.09, UNLESS IT IMPOSES A SENTENCE OF IMPRISONMENT IN
17 ACCORDANCE WITH SECTION 70.06 OR 70.10.
18 8. Fines. Where the court imposes a sentence of imprisonment in
19 accordance with this section, the court also may impose a fine author-
20 ized by article eighty and in such case the sentence shall be both
21 imprisonment and a fine.
22 S 6. The penal law is amended by adding a new section 70.09 to read as
23 follows:
24 S 70.09 SENTENCE OF IMPRISONMENT FOR CERTAIN OFFENSES AGAINST THE ELDER-
25 LY OR THE PHYSICALLY DISABLED.
26 1. EXCEPT AS PROVIDED IN SUBDIVISION FOUR EVERY PERSON, OTHER THAN A
27 PERSON SENTENCED AS A SECOND OR PERSISTENT FELONY OFFENDER, WHO IS
28 CONVICTED OF AN OFFENSE AGAINST THE ELDERLY OR THE PHYSICALLY DISABLED
29 DEFINED IN ARTICLE TWO HUNDRED EIGHTY OF THIS CHAPTER, MUST BE SENTENCED
30 TO AN INDETERMINATE SENTENCE OF IMPRISONMENT IN ACCORDANCE WITH THE
31 PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION.
32 2. THE MAXIMUM TERM OF SUCH INDETERMINATE SENTENCE MUST BE FIXED AS
33 FOLLOWS:
34 (A) FOR THE CLASS B FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS-
35 ICALLY DISABLED IN THE FIRST DEGREE, THE TERM MUST BE AT LEAST NINE
36 YEARS AND MUST NOT EXCEED TWENTY-FIVE YEARS;
37 (B) FOR THE CLASS C FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS-
38 ICALLY DISABLED IN THE SECOND DEGREE, THE TERM MUST BE AT LEAST SIX
39 YEARS AND MUST NOT EXCEED FIFTEEN YEARS;
40 (C) FOR THE CLASS D FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS-
41 ICALLY DISABLED IN THE THIRD DEGREE, THE TERM MUST BE AT LEAST FOUR
42 YEARS AND MUST NOT EXCEED SEVEN YEARS.
43 3. THE MINIMUM PERIOD OF IMPRISONMENT FOR SUCH INDETERMINATE SENTENCE
44 MUST BE FIXED BY THE COURT AND MUST BE SPECIFIED IN THE SENTENCE AS
45 FOLLOWS:
46 (A) FOR THE CLASS B FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS-
47 ICALLY DISABLED IN THE FIRST DEGREE, THE MINIMUM PERIOD OF IMPRISONMENT
48 SHALL NOT BE LESS THAN THREE YEARS NOR MORE THAN ONE-THIRD THE MAXIMUM
49 TERM IMPOSED BY THE COURT;
50 (B) FOR THE CLASS C FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS-
51 ICALLY DISABLED IN THE SECOND DEGREE, THE MINIMUM PERIOD OF IMPRISONMENT
52 SHALL BE NOT LESS THAN TWO YEARS NOR MORE THAN ONE-THIRD THE MAXIMUM
53 TERM IMPOSED BY THE COURT;
54 (C) FOR THE CLASS D FELONY OF VICTIMIZING THE ELDERLY OR THE PHYS-
55 ICALLY DISABLED IN THE THIRD DEGREE, THE MINIMUM PERIOD OF IMPRISONMENT
56 SHALL BE ONE-THIRD THE MAXIMUM TERM IMPOSED BY THE COURT.
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1 4. ALTERNATIVE DEFINITE SENTENCE FOR CLASS D FELONY OFFENSE AGAINST
2 THE ELDERLY OR THE PHYSICALLY DISABLED. WHEN A PERSON, OTHER THAN A
3 MULTIPLE FELONY OFFENDER, IS SENTENCED FOR THE CLASS D FELONY OF VICTIM-
4 IZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE THIRD DEGREE, AND
5 THE COURT, HAVING REGARD TO THE NATURE AND CIRCUMSTANCES OF THE CRIME
6 AND TO THE HISTORY AND CHARACTER OF THE DEFENDANT, IS OF THE OPINION
7 THAT IT WOULD BE UNDULY HARSH TO IMPOSE AN INDETERMINATE SENTENCE, THE
8 COURT MAY IMPOSE A DEFINITE SENTENCE OF IMPRISONMENT AND FIX A TERM OF
9 ONE YEAR.
10 S 7. Subdivision 4 of section 180.75 of the criminal procedure law, as
11 amended by chapter 264 of the laws of 2003, is amended to read as
12 follows:
13 4. Notwithstanding the provisions of subdivisions two and three of
14 this section, a local criminal court shall, at the request of the
15 district attorney, order removal of an action against a juvenile offen-
16 der to the family court pursuant to the provisions of article seven
17 hundred twenty-five of this chapter if, upon consideration of the crite-
18 ria specified in subdivision two of section 210.43 of this chapter, it
19 is determined that to do so would be in the interests of justice.
20 Where, however, the felony complaint charges the juvenile offender with
21 AN OFFENSE AGAINST THE ELDERLY OR PHYSICALLY DISABLED, OR murder in the
22 second degree as defined in section 125.25 of the penal law, rape in the
23 first degree as defined in subdivision one of section 130.35 of the
24 penal law, criminal sexual act in the first degree as defined in subdi-
25 vision one of section 130.50 of the penal law, or an armed felony as
26 defined in paragraph (a) of subdivision forty-one of section 1.20 of
27 this chapter, a determination that such action be removed to the family
28 court shall, in addition, be based upon a finding of one or more of the
29 following factors: (i) mitigating circumstances that bear directly upon
30 the manner in which the crime was committed; or (ii) where the defendant
31 was not the sole participant in the crime, the defendant's participation
32 was relatively minor although not so minor as to constitute a defense to
33 the prosecution; or (iii) possible deficiencies in proof of the crime.
34 S 8. Paragraph (c) of subdivision 5 of section 220.10 of the criminal
35 procedure law, as amended by chapter 410 of the laws of 1979, is amended
36 to read as follows:
37 (c) Where the indictment charges a felony, other than a class A felo-
38 ny or class B felony defined in article two hundred twenty of the penal
39 law or class B or class C violent felony offense as defined in subdivi-
40 sion one of section 70.02 of the penal law, OR THE CLASS C FELONY OF
41 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE SECOND DEGREE
42 AS DEFINED IN SECTION 280.05 OF THE PENAL LAW, and it appears that the
43 defendant has previously been subjected to a predicate felony conviction
44 as defined in [penal law] section 70.06 OF THE PENAL LAW then any plea
45 of guilty entered pursuant to subdivision three or four must be or must
46 include at least a plea of guilty of a felony.
47 S 9. Subparagraph (vi) of paragraph (b) of subdivision 3 of section
48 220.30 of the criminal procedure law, as amended by chapter 481 of the
49 laws of 1978 and as renumbered by chapter 233 of the laws of 1980, is
50 amended to read as follows:
51 (vi) A plea of guilty, whether to the entire indictment or to part of
52 the indictment for any crime other than a felony, may not be accepted on
53 the condition that it constitutes a complete disposition of one or more
54 other indictments against the defendant wherein is charged a class B
55 felony other than a class B violent felony offense as defined in subdi-
56 vision one of section 70.02 of the penal law, OR THE CLASS C FELONY OF
A. 4671 7
1 VICTIMIZING THE ELDERLY OR THE PHYSICALLY DISABLED IN THE SECOND DEGREE
2 AS DEFINED IN SECTION 280.05 OF THE PENAL LAW.
3 S 10. Subdivision 2 of section 720.10 of the criminal procedure law,
4 as amended by chapter 416 of the laws of 1986, paragraph (a) as amended
5 by chapter 316 of the laws of 2006, is amended to read as follows:
6 2. "Eligible youth" means a youth who is eligible to be found a
7 youthful offender. Every youth is so eligible unless:
8 (a) the conviction to be replaced by a youthful offender finding is
9 for (i) a class A-I or class A-II felony, or (ii) an armed felony as
10 defined in subdivision forty-one of section 1.20, except as provided in
11 subdivision three OF THIS SECTION, or (iii) rape in the first degree,
12 criminal sexual act in the first degree, or aggravated sexual abuse,
13 except as provided in subdivision three, or
14 (b) such youth has previously been convicted and sentenced for a felo-
15 ny, or
16 (c) such youth has previously been adjudicated a youthful offender
17 following conviction of a felony or has been adjudicated on or after
18 September first, nineteen hundred seventy-eight a juvenile delinquent
19 who committed a designated felony act as defined in the family court
20 act, OR
21 (D) SUCH YOUTH HAS BEEN CONVICTED OF THE CLASS B FELONY OF VICTIMIZING
22 THE ELDERLY OR THE PHYSICALLY DISABLED IN THE FIRST DEGREE AS DEFINED IN
23 SECTION 280.10 OF THE PENAL LAW.
24 S 11. This act shall take effect on the first of January next succeed-
25 ing the date on which it shall have become a law.