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Assembly Bill A5074

2009-2010 Legislative Session

Eliminates limit on aggregate term of a definite sentence of imprisonment when convicted of aggravated harassment in the second degree

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Archive: Last Bill Status - In Assembly Committee

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2009-A5074 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง70.30, Pen L

2009-A5074 (ACTIVE) - Summary

Provides that when a court imposes definite sentences of imprisonment to run consecutively and one of the sentences is for a conviction of aggravated harassment in the second degree or menacing in the second degree, all the sentences shall be added and the defendant shall serve the aggregate of such sentences.

2009-A5074 (ACTIVE) - Bill Text download pdf 

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

                                  5074

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M.  of  A.  GIGLIO, WALKER, KOLB, FINCH, ERRIGO, BALL --
  Multi-Sponsored by -- M.  of A. McDONOUGH, McKEVITT, MILLER,  TOWNSEND
  -- read once and referred to the Committee on Codes

AN  ACT  to amend the penal law, in relation to definite terms of impri-
  sonment imposed for aggravated harassment in  the  second  degree  and
  menacing in the second degree

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

  Section 1. Paragraphs (b) and (d) of subdivision 2 of section 70.30 of
the penal law are amended to read as follows:
  (b) If the sentences run consecutively and  are  to  be  served  in  a
single  institution,  the terms are added to arrive at an aggregate term
and are satisfied by discharge of such aggregate term, or by service  of
two  years  imprisonment  plus any term imposed for an offense committed
while the person is under the sentences, whichever  is  less;  PROVIDED,
HOWEVER, THAT IF ANY OF THE TERMS ARE IMPOSED FOR A CONVICTION OF AGGRA-
VATED  HARASSMENT IN THE SECOND DEGREE OR MENACING IN THE SECOND DEGREE,
THE TERMS SHALL BE ADDED TO ARRIVE AT AN AGGREGATE TERM WHICH  SHALL  BE
SATISFIED  BY THE DISCHARGE OF SUCH AGGREGATE TERM PLUS ANY TERM IMPOSED
FOR AN OFFENSE COMMITTED WHILE THE PERSON IS UNDER THE SENTENCES;
  (d) If the sentences run consecutively and are to be  served  in  more
than  one  institution,  the  aggregate of the time served in all of the
institutions shall not exceed two years plus any  term  imposed  for  an
offense  committed  while  the  person is under the sentences; PROVIDED,
HOWEVER, THAT IF ANY OF THE TERMS ARE IMPOSED FOR A CONVICTION OF AGGRA-
VATED HARASSMENT IN THE SECOND DEGREE OR MENACING IN THE SECOND  DEGREE,
THE  TERMS  SHALL BE ADDED TO ARRIVE AT AN AGGREGATE TERM WHICH SHALL BE
SATISFIED BY THE DISCHARGE OF SUCH AGGREGATE TERM PLUS ANY TERM  IMPOSED
FOR AN OFFENSE COMMITTED WHILE THE PERSON IS UNDER THE SENTENCES.
  S 2. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
offenses committed on or after such effective date.

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

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