Assembly Bill A3351

2017-2018 Legislative Session

Relates to controlled substances and indeterminate sentences; to the expansion of merit time; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2017-A3351 (ACTIVE) - Details

See Senate Version of this Bill:
S4260
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §803, rpld §803-b, Cor L; amd §41, Chap 738 of 2004; amd §632-a, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6487, S2932
2011-2012: A154, S338
2013-2014: A4198, S1377
2015-2016: A2641, S980
2019-2020: A3955, S808
2021-2022: A2241, S4702
2023-2024: A1392, S4326

2017-A3351 (ACTIVE) - Summary

Relates to controlled substances and indeterminate sentences; relates to the expansion of merit time and repeals provisions relating to the allowance of limited credit time for inmates.

2017-A3351 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3351
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. PERRY --
   read once and referred to the Committee on Correction
 
 AN ACT to amend the correction law, chapter 738  of  the  laws  of  2004
   amending  the  correction  law  and  other laws relating to controlled
   substances and indeterminate sentences, the executive law, in relation
   to merit time, and to repeal  section  803-b  of  the  correction  law
   relating to limited credit time allowances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs (i), (ii) and (iv) of paragraph (d) of subdi-
 vision 1 of section 803 of the correction law, as added by section 7  of
 chapter 738 of the laws of 2004, are amended to read as follows:
   (i)  Except  as provided in subparagraph (ii) of this paragraph, every
 person under the custody of the department or confined in a facility  in
 the  department  of  mental hygiene serving an indeterminate sentence of
 imprisonment with a minimum period of one year or more or a  determinate
 sentence  of  imprisonment  of  one  year  or  more [imposed pursuant to
 section 70.70 or 70.71 of the penal law,] may earn a merit  time  allow-
 ance.
   (ii)  Such  merit  time allowance shall not be available to any person
 serving [an indeterminate] A sentence  [authorized  for  an  A-I  felony
 offense, other than an A-I felony offense defined in article two hundred
 twenty  of  the  penal law, or any sentence imposed for a violent felony
 offense as defined in section 70.02 of the penal  law,  manslaughter  in
 the  second degree, vehicular manslaughter in the second degree, vehicu-
 lar manslaughter in the first degree,  criminally  negligent  homicide,]
 IMPOSED  FOR  MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.27 OF
 THE PENAL LAW, an offense defined in article one hundred thirty  of  the
 penal  law,  incest,  [or]  an  offense  defined  in article two hundred
 sixty-three of the penal law, [or] AN ACT OF  TERRORISM  AS  DEFINED  IN
 ARTICLE  FOUR  HUNDRED NINETY OF THE PENAL LAW, aggravated harassment of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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