senate Bill S4294

2017-2018 Legislative Session

Relates to sentences of imprisonment for misdemeanors

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Feb 08, 2017 referred to codes

Co-Sponsors

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S4294 - Details

See Assembly Version of this Bill:
A4881
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.15, Pen L

S4294 - Summary

Reduces certain sentences of imprisonment for misdemeanors to three hundred sixty-four days.

S4294 - Sponsor Memo

S4294 - Bill Text download pdf


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

                                  4294

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 8, 2017
                               ___________

Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
  printed to be committed 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] THREE HUNDRED
SIXTY-FOUR DAYS when the conviction was the result of a plea  of  guilty
entered  in  satisfaction of an indictment 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 misdemeanor 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

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

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