assembly Bill A4409B

2015-2016 Legislative Session

Relates to sentencing and resentencing in domestic violence cases

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Archive: Last Bill Status -


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 03, 2016 referred to codes
delivered to senate
passed assembly
Apr 11, 2016 amended on third reading 4409b
Apr 07, 2016 advanced to third reading cal.483
Apr 05, 2016 reported
Mar 31, 2016 print number 4409a
amend and recommit to codes
Jan 06, 2016 referred to codes
Jan 30, 2015 referred to codes

Co-Sponsors

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Multi-Sponsors

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A4409 - Details

See Senate Version of this Bill:
S2036B
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 Previous Legislative Sessions:
2013-2014: A4314C, S3337C
2011-2012: A7874A, S5436
2015-2016: A4409B

A4409 - Summary

Relates to sentencing and resentencing in domestic violence cases.

A4409 - Bill Text download pdf

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

                                  4409

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

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,
  COOK, SIMOTAS, HEVESI -- Multi-Sponsored by -- M. of A. ARROYO,  BREN-
  NAN,  DUPREY, FAHY, GLICK, GOODELL, HOOPER, LENTOL, LUPINACCI, MARKEY,
  ORTIZ, RAIA, RODRIGUEZ, ROSENTHAL, SCARBOROUGH, TITUS, WALTER,  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], 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
70.71  OF  THIS TITLE to impose a [determinate] sentence of imprisonment
[for such offense], the court, upon a determination 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,]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07697-01-5

Co-Sponsors

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Multi-Sponsors

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A4409A - Details

See Senate Version of this Bill:
S2036B
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 Previous Legislative Sessions:
2013-2014: A4314C, S3337C
2011-2012: A7874A, S5436
2015-2016: A4409B

A4409A - Summary

Relates to sentencing and resentencing in domestic violence cases.

A4409A - Bill Text download pdf

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

                                 4409--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by  M.  of  A. AUBRY, PERRY, LIFTON, PEOPLES-STOKES, TITONE,
  PAULIN, BRONSON, ZEBROWSKI, O'DONNELL, PRETLOW, JAFFEE, CRESPO,  SCHI-
  MEL, MAGNARELLI, MOSLEY, ROZIC, BARRETT, ROBINSON, GOTTFRIED, SIMOTAS,
  HEVESI,  WRIGHT,  BLAKE,  ARROYO,  ORTIZ, QUART, COOK, HOOPER, CAHILL,
  LINARES, PICHARDO, RICHARDSON -- Multi-Sponsored by -- M. of A.  BREN-
  NAN,  DUPREY,  FAHY, GALEF, GLICK, GOODELL, HIKIND, LENTOL, LUPINACCI,
  MAGEE, MARKEY, MURRAY, PALMESANO, RAIA, RODRIGUEZ,  ROSENTHAL,  SIMON,
  SOLAGES,  THIELE,  TITUS,  WALTER  --  read  once  and referred to the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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.
                                                           LBD07697-04-6

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A4409B (ACTIVE) - Details

See Senate Version of this Bill:
S2036B
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 Previous Legislative Sessions:
2013-2014: A4314C, S3337C
2011-2012: A7874A, S5436
2015-2016: A4409B

A4409B (ACTIVE) - Summary

Relates to sentencing and resentencing in domestic violence cases.

A4409B (ACTIVE) - Bill Text download pdf

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

                                 4409--B
                                                        Cal. No. 483

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by  M.  of  A. AUBRY, PERRY, LIFTON, PEOPLES-STOKES, TITONE,
  PAULIN, BRONSON, ZEBROWSKI, O'DONNELL, PRETLOW, JAFFEE, CRESPO,  SCHI-
  MEL, MAGNARELLI, MOSLEY, ROZIC, BARRETT, ROBINSON, GOTTFRIED, SIMOTAS,
  HEVESI,  WRIGHT,  BLAKE,  ARROYO,  ORTIZ, QUART, COOK, HOOPER, CAHILL,
  LINARES, PICHARDO, RICHARDSON, WEPRIN -- Multi-Sponsored by --  M.  of
  A. BRENNAN, DUPREY, FAHY, GALEF, GLICK, HIKIND, LENTOL, MAGEE, MARKEY,
  RODRIGUEZ,  ROSENTHAL,  SIMON,  SOLAGES, THIELE, TITUS, WALTER -- read
  once and referred to the Committee on  Codes  --  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 -- reported from committee, advanced to
  a third reading, amended and ordered reprinted, retaining its place on
  the order of third reading

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.

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