|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 02, 2012||referred to codes|
|May 01, 2012||delivered to assembly|
|Apr 30, 2012||advanced to third reading|
|Apr 26, 2012||2nd report cal.|
|Apr 25, 2012||1st report cal.572|
|Jan 18, 2012||reported and committed to finance|
|Jan 04, 2012||referred to codes|
returned to senate
died in assembly
|Feb 14, 2011||referred to codes|
delivered to assembly
|Feb 08, 2011||advanced to third reading|
|Feb 07, 2011||2nd report cal.|
|Feb 01, 2011||1st report cal.58|
|Jan 05, 2011||referred to codes|
senate Bill S487
Authorizes the court to order sexual offenders on probation to terms of imprisonment which run consecutively to sentences already being served
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (17)
May 1, 2012 - floor VoteS487535floor53Aye5Nay0Absent3Excused0Abstained
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Floor Vote: May 1, 2012aye (53)
Apr 25, 2012 - Finance committee VoteS487303committee30Aye3Nay0Aye with Reservations0Absent2Excused0Abstained
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Finance Committee Vote: Apr 25, 2012aye (30)
Jan 18, 2012 - Codes committee VoteS487133committee13Aye3Nay0Aye with Reservations0Absent0Excused0Abstained
Feb 14, 2011 - floor VoteS487573floor57Aye3Nay0Absent2Excused0Abstained
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Floor Vote: Feb 14, 2011aye (57)
Feb 1, 2011 - Codes committee VoteS487150committee15Aye0Nay0Aye with Reservations0Absent1Excused0Abstained
- show floor vote details
S487 - Bill Details
S487 - Bill Texts
Authorizes the court to order sexual offenders on probation, where such probation has been revoked, to terms of imprisonment which run consecutively to sentences already being served.
view sponsor memo
TITLE OF BILL:
to amend the penal law, in relation to consecutive sentences
for sexual offenders on probation
This bill would strengthen the probation law regarding sex offenders
who are found guilty of another offense during their probation time.
With this change in the law, such offenders would now have to serve
consecutive sentences rather than concurrent sentences for which the
law currently allows.
SUMMARY OF PROVISIONS:
This bill amends subdivision 4 of section 60.01 of the Penal Law,
requiring any sentence for a sexual offense as defined in Article 130
or an offense included in the following: incest (section 255.5), the
use of a child in a sexual performance (section 263.10) or promoting
a sexual performance by a child (section 263.15) to run consecutively
to any other term of imprisonment.
Keeping felony recidivism rates down has been a long time struggle for
the public safety community and society in general. Sex offenders,
especially those offenses that include minors and children have an
unusually high rate of recidivism with a very low rehabilitative rate.
Based upon this said fear and concern for sex offenders who
re-violate upon release from prison, Megan's Law was implemented in
1995 to develop a sex offender registry and notification system when
he/she moves into a new residence. The general consensus arrived at
with this bill is that people have a right to know the potential
level of danger that a convicted sex offender may represent to
themselves or their children.
The sex offender registry and community notification system has been
very helpful thus far in keeping neighborhoods and families safe.
However, the statistics continue to underscore the point that many
sexual offenders will and do re-offend. Some even re-offend during
their probation period. How does the state handle such probation
violators? Presently, the law allows any additional sentencing for
new offenses occurring during a probationary period to be served
concurrently with the original terms of the offender's sentence.
Thus, a violation of that probationary period would thereby go
unpunished, saving this offender from the maximum allowable
penalty. This legislation would change the penal code to provide only
consecutive sentencing for convicted sex offenders who re-violate
while on probation.
This legislation seeks to close an existing loophole in the law for
sex offenders. This is not just a legal matter, but a personal matter
especially for those residents in a particular Rochester neighborhood
where such a series of incidents prompted the introduction of this
bill. When the convicted risk level 3 sex offender first came to live
in the neighborhood under house arrest with his parents, the
community was notified per Megan's Law of his imminent move to the
area. For obvious reasons, many residents were concerned not just for
their own children, but also because of the very large number of
children at play in the particular area surrounding the offender's
soon-to-be home. The community held informational meetings and
hesitantly welcomed this person into their neighborhood. Within a
year, this individual was arrested and plead guilty to sodomizing two
youths from nearby Montgomery County. The children in the
neighborhood surrounding this man's house were safe but the
residents' fears of him offending again were unfortunately confirmed.
As a state, we need to ensure the safety of our neighborhoods and
children from repeat crimes of sex offenders. Education is vital to
helping children stay safe from harm. The sexual offender registry
and notification system have enhanced the ability for parents in
keeping their children and neighbors safe from harm, too. However, we
need to go further and tighten the state law so that convicted sexual
offenders will receive the maximum penalty for violating terms of
their probationary release.
2007-2008: PASSED SENATE
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 487 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. ROBACH -- 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 consecutive sentences for sexual offenders on probation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 60.01 of the penal law, as amended by chapter 548 of the laws of 1984, is amended to read as follows: 4. In any case where a person has been sentenced to a period of probation imposed pursuant to section 65.00 of this chapter, if the part of the sentence that provides for probation is revoked, the court must sentence such person to imprisonment or to the sentence of imprisonment and probation as provided for in paragraph (d) of subdivision two of this section; PROVIDED, HOWEVER, EVERY SUCH SENTENCE OF IMPRISONMENT FOR A PERSON CONVICTED OF AN OFFENSE CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER OR SECTION 255.25, 255.26, 255.27, 263.05, 263.10 OR 263.15 OF THIS CHAPTER SHALL RUN CONSECUTIVELY TO ANY OTHER TERM OF IMPRISONMENT IMPOSED FOR ANOTHER SUCH OFFENSE BY A COURT OF THIS STATE. 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01930-01-1
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