|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2010||referred to codes|
|Feb 11, 2009||referred to codes|
senate Bill S2105
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2105 (ACTIVE) - Details
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
BILL NUMBER: S2105 TITLE OF BILL : An act to amend the penal law and the criminal procedure law, in relation to sentence for persistent misdemeanor offenders SUMMARY OF PROVISIONS : Adds a new section 70.16 to the penal law which defines a persistent misdemeanor offender as a person who stands convicted of a misdemeanor after having previously been convicted of five or more crimes within the last five years (excluding time during which the defendant was incarcerated). When sentencing a persistent misdemeanor offender, the court must impose a definite sentence of imprisonment of no less than thirty days, and may impose any sentence authorized by law other than and in addition to such sentence of imprisonment. Adds new section 400.14 to the criminal procedure law which addresses the procedure for determining whether a defendant should be sentenced as a persistent misdemeanor offender. The court shall consider the history and character of the defendant and the nature and circumstances of his criminal conduct, as well as the public interest, when determining the length of the definite sentence to be imposed. The court may order a hearing to determine whether a persistent misdemeanor offender sentence should be imposed. PURPOSE AND JUSTIFICATION :
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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