Assembly Bill A5763

2013-2014 Legislative Session

Relates to calculation of terms of imprisonment in certain instances

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2013-A5763 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.30, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6180
2011-2012: A7544
2015-2016: A3841
2017-2018: A3127

2013-A5763 (ACTIVE) - Summary

Provides that there shall not be a fifty year aggregate maximum term of consecutive sentences imposed for the conviction of three or more violent felony offenses one of which was a class B violent felony offense; applies upon the reversion of present provisions to their prior status.

2013-A5763 (ACTIVE) - Bill Text download pdf 

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

                                  5763

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced by M. of A. McKEVITT, GRAF, KOLB -- read once and referred to
  the Committee on Codes

AN ACT to amend the penal law, in relation to lifting the fifty year cap
  applicable to persons convicted of three or more violent felonies

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

  Section 1. Subparagraph (vi) of paragraph  (e)  of  subdivision  1  of
section  70.30  of the penal law, as amended by chapter 3 of the laws of
1995, is amended to read as follows:
  (vi) Notwithstanding subparagraphs (i) and  (iv)  of  this  paragraph,
[the]  THERE  SHALL  NOT  BE  AN  aggregate  maximum term of consecutive
sentences, all of which are indeterminate or all of which  are  determi-
nate  sentences,  imposed  for  the  conviction of three or more violent
felony offenses committed prior to the time the  person  was  imprisoned
under any of such sentences and one of which is a class B violent felony
offense[,  shall,  if  it  exceeds  fifty  years,  be deemed to be fifty
years];
  S 2. Subparagraph (iii) of paragraph (c) of subdivision 1  of  section
70.30  of  the penal law, as amended by chapter 199 of the laws of 1983,
is amended to read as follows:
  (iii) Notwithstanding subparagraphs (i) and (ii)  of  this  paragraph,
[the]  THERE  SHALL  NOT  BE  AN  aggregate  maximum term of consecutive
sentences imposed for the conviction of three  or  more  violent  felony
offenses committed prior to the time the person was imprisoned under any
of such sentences and one of which is a class B violent felony offense[,
shall, if it exceeds fifty years, be deemed to be fifty years];
  S  3.  This act shall take effect immediately, provided, however, that
the amendments to paragraph (e) of subdivision 1 of section 70.30 of the
penal law made by section one of this act shall be subject to the  expi-
ration  and  reversion  of  such  paragraph pursuant to subdivision d of
section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
date the provisions of section two of this act shall take effect.

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.