Senate Bill S5517

2009-2010 Legislative Session

Requires a sentence and commitment or certificate of conviction to be delivered to persons in charge of the correctional facility or OCFS facility to which a defendant is committed

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S5517 (ACTIVE) - Details

See Assembly Version of this Bill:
A7951
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§380.60 & 380.70, add §380.65, CP L; amd §601, Cor L
Versions Introduced in 2011-2012 Legislative Session:
S3272, A4658

2009-S5517 (ACTIVE) - Summary

Requires a sentence and commitment or certificate of conviction to be delivered to persons in charge of the correctional facility or office of children and family services facility to which a defendant is committed.

2009-S5517 (ACTIVE) - Sponsor Memo

2009-S5517 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5517

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 13, 2009
                               ___________

Introduced  by Sen. HASSELL-THOMPSON -- (at request of the Department of
  Correctional Services) -- read twice and  ordered  printed,  and  when
  printed to be committed to the Committee on Codes

AN  ACT  to  amend the criminal procedure law and the correction law, in
  relation to the delivery of sentence and commitment documents

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 380.60 of the criminal procedure law is amended to
read as follows:
S 380.60  Authority for the execution of sentence.
  Except where a sentence of death is pronounced, a SENTENCE AND COMMIT-
MENT OR certificate of conviction showing the sentence pronounced by the
court, or a  certified  copy  thereof,  constitutes  the  authority  for
execution  of the sentence and serves as the order of commitment, and no
other warrant, order of commitment or authority is necessary to  justify
or to require execution of the sentence.
  S  2.  The  criminal  procedure law is amended by adding a new section
380.65 to read as follows:
S 380.65 SENTENCE AND COMMITMENT AND ORDER OF  PROTECTION  TO  ACCOMPANY
           DEFENDANT SENTENCED TO IMPRISONMENT.
  A SENTENCE AND COMMITMENT OR CERTIFICATE OF CONVICTION, SPECIFYING THE
SECTION,  AND  TO  THE EXTENT APPLICABLE, THE SUBDIVISION, PARAGRAPH AND
SUBPARAGRAPH OF THE PENAL LAW OR OTHER STATUTE UNDER WHICH THE DEFENDANT
WAS CONVICTED, AND A COPY OF ANY ORDER OF PROTECTION OR TEMPORARY  ORDER
OF  PROTECTION  ISSUED  AGAINST THE DEFENDANT AT THE TIME OF SENTENCING,
MUST BE DELIVERED TO THE PERSON IN CHARGE OF THE  CORRECTIONAL  FACILITY
OR  OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY TO WHICH THE DEFEND-
ANT IS COMMITTED AT THE TIME  THE  DEFENDANT  IS  DELIVERED  THERETO.  A
SENTENCE AND COMMITMENT OR CERTIFICATE OF CONVICTION IS NOT DEFECTIVE BY
REASON OF A FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06944-02-9

              

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