senate Bill S5116

2017-2018 Legislative Session

Relates to sentencing and resentencing in domestic violence cases

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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

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Mar 08, 2017 referred to codes

Co-Sponsors

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S5116 - Details

See Assembly Version of this Bill:
A3110
Current Committee:
Senate Codes
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 Other Legislative Sessions:
2011-2012: S5436, A7874
2013-2014: S3337, A4314
2015-2016: S2036, A4409

S5116 - Summary

Relates to sentencing and resentencing in domestic violence cases.

S5116 - Sponsor Memo

S5116 - Bill Text download pdf


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

                                  5116

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 8, 2017
                               ___________

Introduced  by  Sen. PERSAUD -- 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:
§ 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.

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