Assembly Bill A9857

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

                                  9857

                          I N  A S S E M B L Y

                             April 15, 2016
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to reducing certain sentences
  of imprisonment for misdemeanors to three hundred sixty-four days

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

  Section 1. Subdivisions 1 and 3 of section 70.15  of  the  penal  law,
subdivision 1 as amended by chapter 291 of the laws of 1993, are amended
to read as follows:
  1.  Class  A  misdemeanor.  A  sentence  of imprisonment for a class A
misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
imposed  the term shall be fixed by the court, and shall not exceed [one
year] THREE HUNDRED SIXTY-FOUR DAYS; provided, however, [that a sentence
of imprisonment imposed upon a conviction of criminal  possession  of  a
weapon  in  the  fourth  degree as defined in subdivision one of section
265.01 must be for a period of no less than one year when the conviction
was the result of a plea of guilty entered in satisfaction of an indict-
ment or any count thereof  charging  the  defendant  with  the  class  D
violent  felony  offense of criminal possession of a weapon in the third
degree as defined in subdivision four of section  265.02,  except]  that
the  court may impose any other sentence authorized by law upon a person
who has not been previously convicted  in  the  five  years  immediately
preceding the commission of the offense for a felony or a class A misde-
meanor defined in this chapter, if the court having regard to the nature
and  circumstances  of the crime and to the history and character of the
defendant, finds on the record that such sentence would be unduly  harsh
and that the alternative sentence would be consistent with public safety
and does not deprecate the seriousness of the crime.
  3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
sified misdemeanor shall be a definite sentence. When such a sentence is
imposed the term shall be fixed by the court, and shall be in accordance
with  the  sentence  specified  in the law or ordinance that defines the
crime, BUT IT SHALL NOT EXCEED THREE HUNDRED SIXTY-FOUR DAYS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13106-01-5
              

A. 9857                             2

  S 2. (a) Whenever the terms "that shall not exceed 365 days" or "up to
one year" or "not in excess of one year" or "not to exceed one year"  or
any  similar terms appear in any provision of law in reference to misde-
meanor imprisonment, such terms are hereby changed  to  "not  to  exceed
three hundred sixty-four days".
  (b)  The  legislative  bill  drafting commission is hereby directed to
effectuate this provision, and  shall  be  guided  by  a  memorandum  of
instruction  setting forth the specific provisions of law to be amended.
Such memorandum shall be transmitted to the  legislative  bill  drafting
commission  within  sixty  days of the effective date of this provision.
Such memorandum shall be issued jointly by the governor,  the  temporary
president of the senate and the speaker of the assembly, or by the dele-
gate of each.
  S  3.  (a)  The  amendatory  provisions of this act shall apply to all
persons who are sentenced before, on, or after  the  effective  date  of
this  act, for a crime committed before, on, or after the effective date
of this act.
  (b) Any person sentenced to one year of imprisonment for a misdemeanor
offense prior to the effective date of this act shall have that sentence
reduced to three hundred sixty-four days by operation of law.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.