Assembly Bill A2984

2017-2018 Legislative Session

Relates to mandatory sentencing for a person found guilty of criminal contempt in the first degree

download bill text pdf

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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

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2017-A2984 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.00, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A3335
2021-2022: A2080

2017-A2984 (ACTIVE) - Summary

Imposes a definite sentence of imprisonment of one year and mandates that an individual serve the entirety of his or her sentence.

2017-A2984 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2984
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to mandatory sentencing for a
   person found guilty of criminal contempt in the first degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 4 of section 70.00 of the penal law, as amended
 by chapter 738 of the laws of 2004, is amended to read as follows:
   4. Alternative definite sentence for class D and E felonies. (A)  When
 a  person,  other  than  a  second  or  persistent  felony  offender, is
 sentenced for a class D or class E felony, and the court, having  regard
 to  the  nature  and  circumstances  of the crime and to the history and
 character of the defendant, is of the opinion that a sentence of  impri-
 sonment  is  necessary  but  that  it would be unduly harsh to impose an
 indeterminate or determinate sentence, the court may impose  a  definite
 sentence  of imprisonment and fix a term of one year or less.  PROVIDED,
 HOWEVER, WHEN A PERSON IS FOUND GUILTY OF  VIOLATING  PARAGRAPH  (V)  OF
 SUBDIVISION  (B)  OF  SECTION  215.51  OF  THIS CHAPTER, THE COURT SHALL
 IMPOSE A DEFINITE SENTENCE OF IMPRISONMENT OF ONE YEAR  AND  THE  PERSON
 SHALL SERVE THE ENTIRETY OF SUCH SENTENCE.
   (B)  EACH  VIOLATION  OF  PARAGRAPH  (V) OF SUBDIVISION (B) OF SECTION
 215.51 OF THIS CHAPTER SHALL SUBJECT A PERSON TO A NEW,  SEPARATE  DEFI-
 NITE  SENTENCE OF IMPRISONMENT OF ONE YEAR. SENTENCES FOR EACH VIOLATION
 SHALL NOT RUN CONCURRENTLY.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06537-01-7

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