assembly Bill A4314C

2013-2014 Legislative Session

Relates to sentencing and resentencing in domestic violence cases

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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 (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 09, 2014 print number 4314c
amend and recommit to codes
Jan 08, 2014 referred to codes
May 14, 2013 print number 4314b
amend and recommit to codes
Mar 25, 2013 print number 4314a
amend and recommit to codes
Feb 04, 2013 referred to codes

Co-Sponsors

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Multi-Sponsors

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A4314 - Details

See Senate Version of this Bill:
S3337C
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:
A7874A, S5436

A4314 - Summary

Relates to sentencing and resentencing in domestic violence cases.

A4314 - Bill Text download pdf

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

                                  4314

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by  M.  of  A.  AUBRY, CLARK, PERRY, LIFTON, PEOPLES-STOKES,
  BOYLAND,  TITONE,  PAULIN,  BRONSON,  STEVENSON,  CASTRO,   ZEBROWSKI,
  O'DONNELL, PRETLOW, JAFFEE, CRESPO, SCHIMEL, MAGNARELLI -- Multi-Spon-
  sored  by -- M. of A. ARROYO, BRENNAN, GLICK, GOODELL, HOOPER, LENTOL,
  MARKEY, ORTIZ, RAIA, ROSENTHAL, SCARBOROUGH,  TITUS,  WALTER,  WEISEN-
  BERG, WRIGHT -- 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

 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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Multi-Sponsors

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A4314A - Details

See Senate Version of this Bill:
S3337C
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:
A7874A, S5436

A4314A - Summary

Relates to sentencing and resentencing in domestic violence cases.

A4314A - Bill Text download pdf

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

                                 4314--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by  M.  of  A.  AUBRY, CLARK, PERRY, LIFTON, PEOPLES-STOKES,
  BOYLAND,  TITONE,  PAULIN,  BRONSON,  STEVENSON,  CASTRO,   ZEBROWSKI,
  O'DONNELL, PRETLOW, JAFFEE, CRESPO, SCHIMEL, MAGNARELLI -- Multi-Spon-
  sored by -- M. of A.  ARROYO, BRENNAN, GLICK, GOODELL, HOOPER, LENTOL,
  MARKEY,  ORTIZ,  RAIA,  ROSENTHAL, SCARBOROUGH, TITUS, WALTER, WEISEN-
  BERG, WRIGHT -- 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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06253-03-3

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

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A4314B - Details

See Senate Version of this Bill:
S3337C
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:
A7874A, S5436

A4314B - Summary

Relates to sentencing and resentencing in domestic violence cases.

A4314B - Bill Text download pdf

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

                                 4314--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by  M.  of  A.  AUBRY, CLARK, PERRY, LIFTON, PEOPLES-STOKES,
  BOYLAND, TITONE, PAULIN,  BRONSON,  STEVENSON,  ZEBROWSKI,  O'DONNELL,
  PRETLOW,  JAFFEE,  CRESPO,  SCHIMEL, MAGNARELLI, MOSLEY -- Multi-Spon-
  sored by -- M. of A.  ARROYO, BRENNAN, FAHY, GLICK,  GOODELL,  HOOPER,
  LENTOL,  MARKEY,  ORTIZ,  RAIA, ROSENTHAL, SCARBOROUGH, TITUS, WALTER,
  WEISENBERG, WRIGHT -- read once and referred to the Committee on Codes
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted to said committee -- again reported from said commit-
  tee with amendments, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06253-05-3

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A4314C (ACTIVE) - Details

See Senate Version of this Bill:
S3337C
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:
A7874A, S5436

A4314C (ACTIVE) - Summary

Relates to sentencing and resentencing in domestic violence cases.

A4314C (ACTIVE) - Bill Text download pdf

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

                                 4314--C

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by  M.  of  A.  AUBRY, CLARK, PERRY, LIFTON, PEOPLES-STOKES,
  TITONE, PAULIN, BRONSON, ZEBROWSKI, O'DONNELL, PRETLOW, JAFFEE,  CRES-
  PO,  SCHIMEL, MAGNARELLI, MOSLEY, ROZIC, BARRETT, ROBINSON, GOTTFRIED,
  JACOBS, COOK -- Multi-Sponsored by -- M. of A. ARROYO, BRENNAN,  FAHY,
  GLICK,  GOODELL,  HOOPER, LENTOL, MARKEY, MILLMAN, ORTIZ, RAIA, RODRI-
  GUEZ, ROSENTHAL, SCARBOROUGH, TITUS,  WALTER,  WEISENBERG,  WRIGHT  --
  read  once  and  referred  to  the  Committee  on  Codes  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments,  ordered reprinted as amended and recommitted to said committee
  -- recommitted to the Committee on Codes in accordance  with  Assembly
  Rule  3,  sec.  2  --  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]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06253-06-4