|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to codes|
|Feb 08, 2017||referred to codes|
senate Bill S4294
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4294 (ACTIVE) - Details
S4294 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4294 TITLE OF BILL : An act to amend the penal law, in relation to reducing certain sentences of imprisonment for misdemeanors to three hundred sixty-four days PURPOSE OR GENERAL IDEA OF THE BILL : Reduces the maximum sentence for misdemeanor offenses from one year to three hundred sixty-four days. SUMMARY OF SPECIFIC PROVISIONS : Bill section one amends subdivisions 1 of section 70.15 of the Penal Law to reduce by one day, from one year (365 days) to 364 days, the maximum definite sentence of imprisonment that may be imposed for a misdemeanor conviction. A conforming change is made to PL § 70.15 (3), to extend that one day reduction to provisions of law outside the Penal Law that otherwise authorize a misdemeanor sentence of up to one year imprisonment. Bill section two adds a new subdivision 1-a to Penal Law § 70.15. This subdivision extends this one day reduction to misdemeanor sentences of one year imposed before, on or after the effective date of the bill. The change will occur by operation of law; any person sentenced to a period of one year under the former provisions of law would be able to
S4294 (ACTIVE) - 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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