|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 12, 2012||committee discharged and committed to rules|
notice of committee consideration - requested
|Jan 04, 2012||referred to codes|
|Feb 15, 2011||referred to codes|
senate Bill S3272
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3272 - Details
S3272 - Summary
Requires a sentence and commitment or certificate of conviction to be delivered to persons in charge of the correctional facility or office of children and family services facility to which a defendant is committed.
S3272 - Sponsor Memo
BILL NUMBER:S3272 TITLE OF BILL: An act to amend the criminal procedure law and the correction law, in relation to the delivery of sentence and commitment documents SUMMARY OF PROVISIONS: Section 1 of the bill would make a technical correction to Criminal Procedure Law § 380.60 to reflect the correct title of the commitment document that accompanies an offender to a correctional institution. Sections 2 and 4 of the bill would add a new Criminal Procedure Law . 380.65 and amend Correction Law §601(a) to clarify that the sentence and commitment or certificate of conviction, as well as any order of protection, must accompany an offender to a state or local correctional institution or to an OCFS facility when he or she commences service of a sentence of imprisonment. Section 3 of the bill would make a technical amendment to Criminal Procedure Law § 380.70 to clarify that it is only the sentencing minutes, and not the certificate of conviction or order of protection, that must be delivered to the institution where the defendant is confined within 30 days after the imposition of sentence.
S3272 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3272 2011-2012 Regular Sessions I N S E N A T E February 15, 2011 ___________ Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law and the correction law, in relation to the delivery of sentence and commitment documents THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 380.60 of the criminal procedure law is amended to read as follows: S 380.60 Authority for the execution of sentence. Except where a sentence of death is pronounced, a SENTENCE AND COMMIT- MENT OR certificate of conviction showing the sentence pronounced by the court, or a certified copy thereof, constitutes the authority for execution of the sentence and serves as the order of commitment, and no other warrant, order of commitment or authority is necessary to justify or to require execution of the sentence. S 2. The criminal procedure law is amended by adding a new section 380.65 to read as follows: S 380.65 SENTENCE AND COMMITMENT AND ORDER OF PROTECTION TO ACCOMPANY DEFENDANT SENTENCED TO IMPRISONMENT. A SENTENCE AND COMMITMENT OR CERTIFICATE OF CONVICTION, SPECIFYING THE SECTION, AND TO THE EXTENT APPLICABLE, THE SUBDIVISION, PARAGRAPH AND SUBPARAGRAPH OF THE PENAL LAW OR OTHER STATUTE UNDER WHICH THE DEFENDANT WAS CONVICTED, AND A COPY OF ANY ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED AGAINST THE DEFENDANT AT THE TIME OF SENTENCING, MUST BE DELIVERED TO THE PERSON IN CHARGE OF THE CORRECTIONAL FACILITY OR OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY TO WHICH THE DEFEND- ANT IS COMMITTED AT THE TIME THE DEFENDANT IS DELIVERED THERETO. A SENTENCE AND COMMITMENT OR CERTIFICATE OF CONVICTION IS NOT DEFECTIVE BY REASON OF A FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07927-01-1 S. 3272 2
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