senate Bill S5436

2011-2012 Legislative Session

Relates to sentencing and resentencing in domestic violence cases

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
May 20, 2011 referred to codes

Co-Sponsors

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S5436 - Details

See Assembly Version of this Bill:
A7874A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§60.12 & 70.45, Pen L; add §440.47, amd §450.90, CP L

S5436 - Summary

Relates to sentencing and resentencing in domestic violence cases.

S5436 - Sponsor Memo

S5436 - Bill Text download pdf

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

                                  5436

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 20, 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  penal  law  and  the  criminal  procedure  law,  in
  relation to sentencing and resentencing in domestic violence cases

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

  Section 1. Section 60.12 of the penal law, as added by  chapter  1  of
the laws of 1998, is amended to read as follows:
S 60.12 Authorized disposition; alternative [indeterminate] sentence [of
          imprisonment]; domestic violence cases.
  1. Notwithstanding any other provision of law, where a court is impos-
ing  sentence  UPON  A  PERSON  pursuant to section 70.00, 70.02 [upon a
conviction for an offense enumerated in subdivision one of such section]
OR 70.06 OF THIS TITLE, other than FOR an offense  defined  in  [article
one  hundred thirty of this chapter] SECTION 125.26, 125.27, SUBDIVISION
FIVE OF SECTION 125.25, OR ARTICLE FOUR HUNDRED NINETY OF THIS  CHAPTER,
AN  ATTEMPT  OR  CONSPIRACY  TO  COMMIT  ANY SUCH OFFENSE, OR WHERE SUCH
PERSON IS REQUIRED TO REGISTER AS A SEX  OFFENDER  PURSUANT  TO  ARTICLE
SIX-C  OF  THE CORRECTION LAW, and is authorized or required pursuant to
[such section] SECTIONS 70.00, 70.02 OR 70.06 to impose a  [determinate]
sentence  of imprisonment [for such offense], the court, upon a determi-
nation following a hearing that
  (a) AT THE TIME OF THE INSTANT OFFENSE,  the  defendant  was  [the]  A
victim of DOMESTIC VIOLENCE SUBJECTED TO SUBSTANTIAL physical, sexual or
psychological  abuse [by the victim or intended victim of such offense,]
INFLICTED BY A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS  THE  DEFENDANT
AS  SUCH  TERM  IS  DEFINED  IN SUBDIVISION ONE OF SECTION 530.11 OF THE
CRIMINAL PROCEDURE LAW;
  (b) such abuse was a SIGNIFICANT CONTRIBUTING factor [in  causing  the
defendant  to  commit  such  offense  and]   TO THE DEFENDANT'S CRIMINAL
BEHAVIOR;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11496-02-1

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