|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to codes|
|Mar 08, 2017||referred to codes|
senate Bill S5116
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
S5116 (ACTIVE) - Details
- See Assembly Version of this Bill:
- 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
2019-2020: S1077, A3974
S5116 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5116 TITLE OF BILL : An act to amend the penal law and the criminal procedure law, in relation to sentencing and resentencing in domestic violence cases PURPOSE : To expand upon the existing provisions of alternative sentencing for domestic violence cases; second, to allow judges the opportunity to resentence currently incarcerated persons for offenses in which certain domestic violence criteria was a significant element of the offense. SUMMARY OF PROVISIONS : Section 1 of the bill amends § 60.12 of the penal law to add new subdivisions 4 through 11 to specify which offenses may be considered under the section, and provides the alternate sentencing ranges a judge may impose upon a determination the defendant was a victim of domestic violence at the time of the offense and the abuse was a significant contributing factor in the commission of the offense. Section 2 of the bill amends § 70.45 of the penal law to permit determinate sentencing for persons sentenced pursuant to § 60.12(12).
S5116 (ACTIVE) - 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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