Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Apr 27, 2009 |
referred to codes |
Senate Bill S4882
2009-2010 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
2009-S4882 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5444
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd ยง70.25, Pen L
2009-S4882 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4882 TITLE OF BILL : An act to amend the penal law, in relation to the sentencing of certain murder offenses PURPOSE : To include murder offenses in the sentencing requirements under violent felony sections. SUMMARY OF PROVISIONS : Section 1 amends section 70.25 of penal law to create new language under 2-a which adds certain murder offenses to the requirement that that the court must impose a sentence to run consecutively, effective until September 1, 2009. Section 2 also amends section 70.25 of penal law by adding the same language under 2-a, effective as of September 1, 2009. Section 3 establishes an effective date. JUSTIFICATION : Section 70.25, which defines violent felonies, was created to set stricter sentences for violent felonies than for non- violent felonies. Currently murder already has the highest sentencing available under the law, and was therefore not included in the violent felony definition. However, other sentencing provisions treat violent felonies different from other felonies. This bill will remedy the situation by treating murder the same as other violent felonies without adjusting the definition of violent felonies.
2009-S4882 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4882 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the sentencing of certain murder offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2-a of section 70.25 of the penal law, as amended by section 40 of chapter 7 of the laws of 2007, is amended to read as follows: 2-a. When an indeterminate or determinate sentence of imprisonment is imposed pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision three or four of section 70.70, subdivision three or four of section 70.71 [or], subdivision five of section 70.80 OR SECTIONS 125.25, 125.26, OR 125.27 AS SENTENCED PURSUANT TO SECTION 70.00 of this arti- cle, and such person is subject to an undischarged indeterminate or determinate sentence of imprisonment imposed prior to the date on which the present crime was committed, the court must impose a sentence to run consecutively with respect to such undischarged sentence. S 2. Subdivision 2-a of section 70.25 of the penal law, as amended by section 41 of chapter 7 of the laws of 2007, is amended to read as follows: 2-a. When an indeterminate or determinate sentence of imprisonment is imposed pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision three or four of section 70.70, subdivision three or four of section 70.71 [or], subdivision five of section 70.80 OR SECTIONS 125.25, 125.26, OR 125.27 AS SENTENCED PURSUANT TO SECTION 70.00 of this arti- cle, and such person is subject to an undischarged indeterminate sentence of imprisonment imposed prior to the date on which the present crime was committed, the court must impose a sentence to run consec- utively with respect to such undischarged sentence. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05557-01-9
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