senate Bill S3337B

2013-2014 Legislative Session

Relates to sentencing and resentencing in domestic violence cases

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 09, 2014 print number 3337c
amend and recommit to codes
Jan 08, 2014 referred to codes
May 13, 2013 print number 3337b
amend and recommit to codes
Mar 22, 2013 print number 3337a
amend and recommit to codes
Feb 01, 2013 referred to codes

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

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S3337 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§60.12 & 70.45, Pen L; add §440.47, amd §§450.90 & 390.50, CP L
Versions Introduced in 2011-2012 Legislative Session:
S5436

S3337 - Summary

Relates to sentencing and resentencing in domestic violence cases.

S3337 - Sponsor Memo

S3337 - Bill Text download pdf

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

                                  3337

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens. HASSELL-THOMPSON, ADAMS, ADDABBO, AVELLA, BRESLIN,
  CARLUCCI, DILAN, ESPAILLAT, GRISANTI, KENNEDY, KLEIN,  KRUEGER,  MONT-
  GOMERY,  PARKER,  PERALTA,  PERKINS, RIVERA, SAMPSON, SAVINO, SERRANO,
  STAVISKY, STEWART-COUSINS -- 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06253-01-3

Co-Sponsors

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S3337A - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§60.12 & 70.45, Pen L; add §440.47, amd §§450.90 & 390.50, CP L
Versions Introduced in 2011-2012 Legislative Session:
S5436

S3337A - Summary

Relates to sentencing and resentencing in domestic violence cases.

S3337A - Sponsor Memo

S3337A - Bill Text download pdf

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

                                 3337--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens. HASSELL-THOMPSON, ADAMS, ADDABBO, AVELLA, BRESLIN,
  CARLUCCI, DILAN, ESPAILLAT, GRISANTI, KENNEDY, KLEIN,  KRUEGER,  MONT-
  GOMERY,  PARKER,  PERALTA,  PERKINS, RIVERA, SAMPSON, SAVINO, SERRANO,
  STAVISKY, STEWART-COUSINS -- read twice and ordered printed, and  when
  printed  to  be  committed  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  490  OF  THIS  CHAPTER,  OR  FOR  AN
OFFENSE  WHICH  WOULD  REQUIRE SUCH PERSON TO REGISTER AS A SEX OFFENDER
PURSUANT TO ARTICLE 6-C OF THE CORRECTION LAW, AN ATTEMPT OR  CONSPIRACY
TO  COMMIT  ANY  SUCH  OFFENSE 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 SUBDIVI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06253-02-3

Co-Sponsors

view additional co-sponsors

S3337B - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§60.12 & 70.45, Pen L; add §440.47, amd §§450.90 & 390.50, CP L
Versions Introduced in 2011-2012 Legislative Session:
S5436

S3337B - Summary

Relates to sentencing and resentencing in domestic violence cases.

S3337B - Sponsor Memo

S3337B - Bill Text download pdf

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

                                 3337--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON,  BALL,  ADAMS, ADDABBO, AVELLA,
  BRESLIN,  CARLUCCI,  DILAN,  ESPAILLAT,  GRISANTI,  HOYLMAN,  KENNEDY,
  KLEIN, KRUEGER, LATIMER, MONTGOMERY, PARKER, PERALTA, PERKINS, RIVERA,
  SAMPSON,  SAVINO,  SERRANO, SMITH, SQUADRON, STAVISKY, STEWART-COUSINS
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- 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  490  OF  THIS  CHAPTER,  OR  FOR  AN
OFFENSE  WHICH  WOULD  REQUIRE SUCH PERSON TO REGISTER AS A SEX OFFENDER
PURSUANT TO ARTICLE 6-C OF THE CORRECTION LAW, AN ATTEMPT OR  CONSPIRACY
TO  COMMIT  ANY  SUCH  OFFENSE 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06253-04-3

Co-Sponsors

view additional co-sponsors

S3337C (ACTIVE) - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§60.12 & 70.45, Pen L; add §440.47, amd §§450.90 & 390.50, CP L
Versions Introduced in 2011-2012 Legislative Session:
S5436

S3337C (ACTIVE) - Summary

Relates to sentencing and resentencing in domestic violence cases.

S3337C (ACTIVE) - Sponsor Memo

S3337C (ACTIVE) - Bill Text download pdf

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

                                 3337--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON, BALL, ADDABBO, AVELLA, BRESLIN,
  CARLUCCI, DIAZ, DILAN, ESPAILLAT, GIANARIS, GIPSON, GRISANTI, HOYLMAN,
  KENNEDY,  KLEIN,  KRUEGER,  LATIMER,  MONTGOMERY,   PARKER,   PERALTA,
  PERKINS,  RIVERA,  SAMPSON, SANDERS, SAVINO, SERRANO, SMITH, SQUADRON,
  STAVISKY, STEWART-COUSINS, TKACZYK -- read twice and ordered  printed,
  and  when printed to be committed to the Committee on Codes -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said  committee  --  committee  discharged,  bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted  to  the Committee on Codes in accordance with Senate Rule
  6, sec. 8 -- 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], 70.06 OR SUBDIVISION TWO OR THREE OF  SECTION  70.71  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  490 OF THIS CHAPTER, OR FOR AN OFFENSE WHICH WOULD
REQUIRE SUCH PERSON TO REGISTER AS A SEX OFFENDER  PURSUANT  TO  ARTICLE
SIX-C OF THE CORRECTION LAW, AN ATTEMPT OR CONSPIRACY TO COMMIT ANY SUCH
OFFENSE,  and  is  authorized  or  required  pursuant  to [such section]
SECTIONS 70.00, 70.02, 70.06 OR SUBDIVISION  TWO  OR  THREE  OF  SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06253-07-4

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