senate Bill S2036B

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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2016 print number 2036b
amend and recommit to codes
Apr 12, 2016 print number 2036a
amend and recommit to codes
Jan 06, 2016 referred to codes
Jan 21, 2015 referred to codes

Co-Sponsors

view additional co-sponsors

S2036 - Details

See Assembly Version of this Bill:
A4409B
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:
2015-2016: A4409B
2013-2014: A4314C, S3337C
2011-2012: A7874A, S5436

S2036 - Summary

Relates to sentencing and resentencing in domestic violence cases.

S2036 - Sponsor Memo

S2036 - Bill Text download pdf

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

                                  2036

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- 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],  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,]
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; (b) such abuse was  a  SIGNIFICANT  CONTRIBUTING
factor  [in  causing  the  defendant to commit such offense and]  TO THE
DEFENDANT'S CRIMINAL BEHAVIOR; (c) [the victim  or  intended  victim  of

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

Co-Sponsors

view additional co-sponsors

S2036A - Details

See Assembly Version of this Bill:
A4409B
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:
2015-2016: A4409B
2013-2014: A4314C, S3337C
2011-2012: A7874A, S5436

S2036A - Summary

Relates to sentencing and resentencing in domestic violence cases.

S2036A - Sponsor Memo

S2036A - Bill Text download pdf

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

                                 2036--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sens. HASSELL-THOMPSON, ADDABBO, AVELLA, BOYLE, BRESLIN,
  CARLUCCI, COMRIE, DIAZ, DILAN, ESPAILLAT, GIANARIS, HAMILTON, HOYLMAN,
  KENNEDY,  KLEIN,  KRUEGER,  LATIMER,  MONTGOMERY,  PANEPINTO,  PARKER,
  PERALTA,  PERKINS,  RIVERA, SANDERS, SAVINO, SERRANO, SQUADRON, STAVI-
  SKY, STEWART-COUSINS -- read  twice  and  ordered  printed,  and  when
  printed  to  be  committed to the Committee on Codes -- 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07697-05-6

Co-Sponsors

view additional co-sponsors

S2036B (ACTIVE) - Details

See Assembly Version of this Bill:
A4409B
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:
2015-2016: A4409B
2013-2014: A4314C, S3337C
2011-2012: A7874A, S5436

S2036B (ACTIVE) - Summary

Relates to sentencing and resentencing in domestic violence cases.

S2036B (ACTIVE) - Sponsor Memo

S2036B (ACTIVE) - Bill Text download pdf

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

                                 2036--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sens. HASSELL-THOMPSON, ADDABBO, AVELLA, BOYLE, BRESLIN,
  CARLUCCI, COMRIE, DIAZ, DILAN, ESPAILLAT, GIANARIS, HAMILTON, HOYLMAN,
  KENNEDY,  KLEIN,  KRUEGER,  LATIMER,  MONTGOMERY,  PANEPINTO,  PARKER,
  PERALTA,  PERKINS,  RIVERA, SANDERS, SAVINO, SERRANO, SQUADRON, STAVI-
  SKY, STEWART-COUSINS -- read  twice  and  ordered  printed,  and  when
  printed  to  be  committed to the Committee on Codes -- 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 -- 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
70.71  OF  THIS TITLE to impose a [determinate] sentence of imprisonment
[for such offense], the court, upon a determination following a  hearing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07697-07-6

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