senate Bill S3272

2011-2012 Legislative Session

Requires a sentence and commitment or certificate of conviction to be delivered to persons in charge of the correctional facility or OCFS facility to which a defendant is committed

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
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

S3272 - Details

See Assembly Version of this Bill:
A4658
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§380.60 & 380.70, add §380.65, CP L; amd §601, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S5517, A7951

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

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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