assembly Bill A7874A

2011-2012 Legislative Session

Relates to sentencing and resentencing in domestic violence cases

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Sponsored By

Archive: Last Bill Status - In Assembly 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
Jan 04, 2012 referred to codes
May 27, 2011 print number 7874a
amend and recommit to codes
May 20, 2011 referred to codes

Co-Sponsors

Multi-Sponsors

A7874 - Details

See Senate Version of this Bill:
S5436
Law Section:
Penal Law
Laws Affected:
Amd §§60.12 & 70.45, Pen L; add §440.47, amd §450.90, CP L

A7874 - Summary

Relates to sentencing and resentencing in domestic violence cases.

A7874 - Bill Text download pdf

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

                                  7874

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2011
                               ___________

Introduced by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. P. RIVERA
  -- read once and referred 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.
                                                           LBD11496-01-1

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A7874A (ACTIVE) - Details

See Senate Version of this Bill:
S5436
Law Section:
Penal Law
Laws Affected:
Amd §§60.12 & 70.45, Pen L; add §440.47, amd §450.90, CP L

A7874A (ACTIVE) - Summary

Relates to sentencing and resentencing in domestic violence cases.

A7874A (ACTIVE) - Bill Text download pdf

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

                                 7874--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2011
                               ___________

Introduced  by  M. of A. AUBRY, N. RIVERA -- Multi-Sponsored by -- M. of
  A. P. RIVERA -- read once and referred to the Committee  on  Codes  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11496-03-1