senate Bill S2105

2009-2010 Legislative Session

Creates new classification of persistent misdemeanor offender for the purposes of sentencing, and prescribes the sentence therefor

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to codes
Feb 11, 2009 referred to codes

Co-Sponsors

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S2105 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §70.16, Pen L; add §400.14, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S643
2013-2014: S3074
2015-2016: S1340
2017-2018: S2405

S2105 (ACTIVE) - Summary

Creates new classification of "persistent misdemeanor offender" for the purposes of sentencing a person convicted of a misdemeanor after having been convicted of five or more crimes within the last five years, and prescribes that the sentence therefor shall include a mandatory definite sentence of imprisonment of no less than thirty days and no more than one year.

S2105 (ACTIVE) - Sponsor Memo

S2105 (ACTIVE) - Bill Text download pdf

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

                                  2105

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sens.  GOLDEN,  ALESI,  DeFRANCISCO,  O. JOHNSON, LANZA,
  LARKIN, MORAHAN, PADAVAN, ROBACH, SEWARD, SKELOS  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Codes

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to sentence for persistent misdemeanor offenders

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

  Section 1. The penal law is amended by adding a new section  70.16  to
read as follows:
S 70.16 SENTENCE OF IMPRISONMENT FOR PERSISTENT MISDEMEANOR OFFENDER.
  1. DEFINITION OF PERSISTENT MISDEMEANOR OFFENDER.
  (A) A PERSISTENT MISDEMEANOR OFFENDER IS A PERSON WHO STANDS CONVICTED
OF  A MISDEMEANOR AFTER HAVING PREVIOUSLY BEEN CONVICTED OF FIVE OR MORE
CRIMES, AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (B) A PREVIOUS CRIMINAL CONVICTION WITHIN THE MEANING OF PARAGRAPH (A)
OF THIS SUBDIVISION IS A CONVICTION OF A CRIME IN THIS STATE, PROVIDED:
  (I) THAT A SENTENCE FOR SUCH CONVICTION WAS IMPOSED THEREFOR; AND
  (II) THAT THE DEFENDANT WAS SENTENCED FOR SUCH CONVICTION PRIOR TO THE
DATE OF COMMISSION OF THE PRESENT MISDEMEANOR; AND
  (III)  SUBJECT  TO  THE  PERIOD  OF  TIME  EXCLUDED  PURSUANT  TO  THE
PROVISIONS  OF PARAGRAPH (C) OF THIS SUBDIVISION, THAT THE DEFENDANT WAS
SENTENCED FOR SUCH CONVICTION NO MORE THAN FIVE YEARS PRIOR TO THE  DATE
OF COMMISSION OF THE PRESENT MISDEMEANOR; AND
  (IV) THAT THE DEFENDANT WAS NOT PARDONED ON THE GROUNDS OF INNOCENCE.
  (C) ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCERATED FOR
ANY  REASON BETWEEN THE DATE OF COMMISSION OF THE PREVIOUS CRIME AND THE
DATE OF COMMISSION OF THE PRESENT MISDEMEANOR SHALL NOT  COUNT  AS  TIME
WHICH  HAS  ELAPSED IN DETERMINING THE FIVE YEAR PERIOD WITHIN WHICH THE
DEFENDANT MUST HAVE BEEN SENTENCED FOR THE PREVIOUS CRIME UNDER SUBPARA-
GRAPH (III) OF PARAGRAPH (B) OF THIS SUBDIVISION; SUCH FIVE YEAR  PERIOD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08243-01-9

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