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Assembly Bill A7221

2009-2010 Legislative Session

Relates to sentences of imprisonment for certain class C felonies

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Archive: Last Bill Status - In Assembly Committee

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2009-A7221 (ACTIVE) - Details

See Senate Version of this Bill:
S2643
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง70.00, Pen L

2009-A7221 (ACTIVE) - Summary

Relates to sentences of imprisonment for certain class C felonies.

2009-A7221 (ACTIVE) - Bill Text download pdf 

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

                                  7221

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN  ACT to amend the penal law, in relation to sentences of imprisonment
  for certain class C felony offenses

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

  Section 1. Subdivision 4 of section 70.00 of the penal law, as amended
by chapter 738 of the laws of 2004, is amended to read as follows:
  4.  Alternative  definite  sentence  for class D [and], E, AND CERTAIN
CLASS C felonies. When a person, other than a second or persistent felo-
ny offender, is sentenced for a class D or class  E  felony,  OR  FOR  A
CLASS  C  FELONY,  OTHER  THAN A CLASS C FELONY SPECIFIED IN SUBDIVISION
FOUR OF SECTION 60.05, A CLASS C VIOLENT FELONY SPECIFIED  IN  PARAGRAPH
(B)  OF SUBDIVISION ONE OF SECTION 70.02 OR A CLASS C FELONY SEX OFFENSE
SPECIFIED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.80, and  the
court, having regard to the nature and circumstances of the crime and to
the  history  and  character  of the defendant, is of the opinion that a
sentence of imprisonment is necessary but that it would be unduly  harsh
to impose an indeterminate or determinate sentence, the court may impose
a definite sentence of imprisonment and fix a term of one year or less.
  S  2.    This  act  shall  take  effect  on the first of November next
succeeding the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09547-02-9

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