Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 08, 2018 |
print number 5306a |
Feb 08, 2018 |
amend and recommit to codes |
Jan 03, 2018 |
referred to codes |
Jun 06, 2017 |
reported and committed to rules |
Mar 20, 2017 |
referred to codes |
Senate Bill S5306A
2017-2018 Legislative Session
Sponsored By
(R, C, IP, RFM) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
Votes
Bill Amendments
2017-S5306 - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §60.01, Pen L
2017-S5306 - Sponsor Memo
BILL NUMBER: S5306 TITLE OF BILL : An act to amend the penal law, in relation to revocable sentences of probation or conditional discharge and imprisonment This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Local Courts Advisory Committee. This measure targets a specific problem related to misdemeanor domestic violence offenses and misdemeanor drug offenses that do not quality for drug court. It would authorize an increase in the maximum jail sentence - from 60 days to 90 days - that may be imposed for a misdemeanor drug convictions and misdemeanor domestic violence convictions where there is a concurrent sentence of jail plus probation or conditions, i.e., a split sentence. Penal Law 60.01(2)(d) now authorizes a court to impose a split sentence of up to a maximum of 60 days in jail for a misdemeanor, along with a term of probation, which together cannot exceed the authorized term of probation as set forth in Penal Law § 65.00(3). See People v Zephrin, 14 NY3d 296, 299-300 (2010). The split sentence option of Penal Law 60.01(2)(d) provides for an important sentencing alternative in those cases where neither a straight jail term alone nor a supervisory sentence is considered
2017-S5306 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5306 2017-2018 Regular Sessions I N S E N A T E March 20, 2017 ___________ Introduced by Sen. AKSHAR -- (at request of the Office of Court Adminis- tration) -- 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 revocable sentences of probation or conditional discharge and imprisonment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 2 of section 60.01 of the penal law, as amended by chapter 65 of the laws of 1982, is amended to read as follows: (d) In any case where the court imposes a sentence of imprisonment not in excess of sixty days[,] for a CLASS B misdemeanor, OR NOT IN EXCESS OF NINETY DAYS FOR ASSAULT IN THE THIRD DEGREE AS DEFINED BY SECTION 120.00 OF THIS CHAPTER, MENACING IN THE SECOND DEGREE AS DEFINED BY SECTION 120.14 OF THIS CHAPTER, STALKING IN THE THIRD DEGREE AS DEFINED BY SECTION 120.50 OF THIS CHAPTER, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS DEFINED BY SECTION 121.11 OF THIS CHAPTER, SEXUAL MISCONDUCT AS DEFINED BY SECTION 130.20 OF THIS CHAPTER, FORCIBLE TOUCH- ING AS DEFINED BY SECTION 130.52 OF THIS CHAPTER, SEXUAL ABUSE IN THE SECOND DEGREE AS DEFINED BY SECTION 130.60 OF THIS CHAPTER, CRIMINAL CONTEMPT IN THE SECOND DEGREE AS DEFINED BY SECTION 215.50 OF THIS CHAP- TER, CRIMINAL POSSESSION OF A CONTROLLER SUBSTANCE IN THE SEVENTH DEGREE AS DEFINED BY SECTION 220.03 OF THIS CHAPTER, CRIMINALLY POSSESSING A HYPODERMIC INSTRUMENT AS DEFINED BY SECTION 220.45 OF THIS CHAPTER, CRIMINALLY USING DRUG PARAPHERNALIA IN THE SECOND DEGREE AS DEFINED BY SECTION 220.50 OF THIS CHAPTER AND CRIMINAL POSSESSION OF METHAMPHETA- MINE MANUFACTURING MATERIAL IN THE SECOND DEGREE AS DEFINED BY SECTION 220.70 OF THIS CHAPTER, or not in excess of six months for a felony or in the case of a sentence of intermittent imprisonment not in excess of four months, it may also impose a sentence of probation or conditional discharge provided that the term of probation or conditional discharge EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2017-S5306A (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §60.01, Pen L
2017-S5306A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5306A SPONSOR: AKSHAR TITLE OF BILL: An act to amend the penal law, in relation to revoca- ble sentences of probation or conditional discharge and imprisonment PURPOSE OR GENERAL IDEA OF BILL: The bill would authorize an increase in the maximum jail sentence - from 60 days to 90 days - that may be imposed for a misdemeanor drug convictions and misdemeanor domestic violence convictions where there is a concurrent sentence of jail plus probation or conditions, i.e., a split sentence. JUSTIFICATION: This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Local Courts Advisory Committee. This measure targets a specific problem related to misdemeanor domestic
2017-S5306A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5306--A 2017-2018 Regular Sessions I N S E N A T E March 20, 2017 ___________ Introduced by Sen. AKSHAR -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to revocable sentences of probation or conditional discharge and imprisonment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 2 of section 60.01 of the penal law, as amended by chapter 65 of the laws of 1982, is amended to read as follows: (d) In any case where the court imposes a sentence of imprisonment not in excess of sixty days[,] for a misdemeanor, EXCEPT NOT IN EXCESS OF NINETY DAYS FOR ASSAULT IN THE THIRD DEGREE AS DEFINED BY SECTION 120.00 OF THIS CHAPTER, MENACING IN THE SECOND DEGREE AS DEFINED BY SECTION 120.14 OF THIS CHAPTER, STALKING IN THE THIRD DEGREE AS DEFINED BY SECTION 120.50 OF THIS CHAPTER, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS DEFINED BY SECTION 121.11 OF THIS CHAPTER, SEXUAL MISCONDUCT AS DEFINED BY SECTION 130.20 OF THIS CHAPTER, FORCIBLE TOUCH- ING AS DEFINED BY SECTION 130.52 OF THIS CHAPTER, SEXUAL ABUSE IN THE SECOND DEGREE AS DEFINED BY SECTION 130.60 OF THIS CHAPTER, CRIMINAL CONTEMPT IN THE SECOND DEGREE AS DEFINED BY SECTION 215.50 OF THIS CHAP- TER, CRIMINAL POSSESSION OF A CONTROLLER SUBSTANCE IN THE SEVENTH DEGREE AS DEFINED BY SECTION 220.03 OF THIS CHAPTER, CRIMINALLY POSSESSING A HYPODERMIC INSTRUMENT AS DEFINED BY SECTION 220.45 OF THIS CHAPTER, CRIMINALLY USING DRUG PARAPHERNALIA IN THE SECOND DEGREE AS DEFINED BY SECTION 220.50 OF THIS CHAPTER AND CRIMINAL POSSESSION OF METHAMPHETA- MINE MANUFACTURING MATERIAL IN THE SECOND DEGREE AS DEFINED BY SECTION 220.70 OF THIS CHAPTER, or not in excess of six months for a felony or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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