senate Bill S4436A

Relates to concurrent and consecutive terms of imprisonment

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 05 / Apr / 2011
    • REFERRED TO CODES
  • 12 / Apr / 2011
    • AMEND AND RECOMMIT TO CODES
  • 12 / Apr / 2011
    • PRINT NUMBER 4436A
  • 03 / May / 2011
    • 1ST REPORT CAL.430
  • 04 / May / 2011
    • 2ND REPORT CAL.
  • 09 / May / 2011
    • ADVANCED TO THIRD READING
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 08 / May / 2012
    • 1ST REPORT CAL.707
  • 09 / May / 2012
    • 2ND REPORT CAL.
  • 14 / May / 2012
    • ADVANCED TO THIRD READING
  • 15 / May / 2012
    • PASSED SENATE
  • 15 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 15 / May / 2012
    • REFERRED TO CODES

Summary

Relates to concurrent and consecutive terms of imprisonment; requires concurrent sentences for crimes against correctional employees.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A6991
Versions:
S4436
S4436A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง70.25, Pen L

Sponsor Memo

BILL NUMBER:S4436A

TITLE OF BILL:
An act
to amend the penal law, in relation to concurrent and consecutive terms
of imprisonment

PURPOSE:
This bill would punish repeat offenders by mandating consecutive
sentences for any crime against an employee of the Department of
Correctional Services, or any employee of a local correctional
facility.

SUMMARY OF PROVISIONS:
Section one amends Section 70.25 of the Penal Law by adding a new
subdivision, 2-h, requiring the courts to impose consecutive sentences
for each act against employee of the Department of Correctional
Services, or any employee of a local correctional facility.

Section two renders the act applicable to all convictions rendered on
or after the immediate effective date.

EXISTING LAW:
Does not mandate consecutive sentences.

JUSTIFICATION:
Under current law, it is possible for a judge to issue concurrent
sentences for multiple counts arising from separate and distinct acts
against employees of the Department of Corrections or employees of a
local correctional facility. This legislation would require that the
sentences on crimes committed against Department of Corrections
personnel by current inmates run consecutively with regard to any
convictions such an offender is serving.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                 4436--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 5, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, in relation to concurrent and consecutive
  terms of imprisonment

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

  Section 1. Section 70.25 of the penal law is amended by adding  a  new
subdivision 2-h to read as follows:
  2-H.  WHENEVER A PERSON IS CONVICTED OF ANY CRIME IN VIOLATION OF THIS
CHAPTER, COMMITTED AGAINST ANY EMPLOYEE OF THE DEPARTMENT OF CORRECTION-
AL SERVICES OR ANY EMPLOYEE OF A LOCAL CORRECTIONAL FACILITY,  THEN  ANY
TERMS  OF  IMPRISONMENT  WHICH  MAY  BE  IMPOSED AS A SENTENCE UPON SUCH
CONVICTIONS SHALL RUN CONSECUTIVELY TO  EACH  OTHER  AND  TO  ANY  OTHER
UNDISCHARGED TERM OF IMPRISONMENT TO WHICH THE DEFENDANT WAS SUBJECT AND
FOR WHICH HE OR SHE MAY BE CONFINED AT THE TIME OF SENTENCING.
  S  2.  This  act  shall take effect immediately and shall apply to all
convictions rendered on or after such effective date.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10599-02-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.