senate Bill S8540

2017-2018 Legislative Session

Relates to consecutive sentencing for certain convictions

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2018 referred to codes
delivered to assembly
passed senate
Jun 18, 2018 ordered to third reading cal.1878
committee discharged and committed to rules
May 09, 2018 referred to codes

S8540 (ACTIVE) - Details

See Assembly Version of this Bill:
A11335
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.25, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S2600, A5908

S8540 (ACTIVE) - Summary

Permits consecutive sentencing for homicide convictions where there are multiple victims and the defendant was on parole or probation at the time of the crime.

S8540 (ACTIVE) - Sponsor Memo

S8540 (ACTIVE) - Bill Text download pdf


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

                                  8540

                            I N  S E N A T E

                               May 9, 2018
                               ___________

Introduced  by  Sen.  SERINO -- 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 consecutive sentencing for
  certain convictions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 70.25 of the penal law, as amended
by chapter 56 of the laws of 1984, is amended to read as follows:
  2.  When more than one sentence of imprisonment is imposed on a person
for two or more offenses committed through a single act or omission,  or
through  an  act  or  omission  which  in  itself constituted one of the
offenses and also was a material element of the  other,  the  sentences,
except  if  one  or more of such sentences is for a violation of section
270.20 of this chapter, must run concurrently. PROVIDED HOWEVER  THAT  A
SENTENCE  MAY  RUN  CONSECUTIVELY IF (A) THE PERSON WAS UNDER SUPERVISED
RELEASE, CONDITIONAL RELEASE, PROBATION, OR PAROLE AT THE  TIME  OF  THE
ACT;  AND  (B)  THERE  WERE  MULTIPLE VICTIMS WHO EACH SUSTAINED SERIOUS
PHYSICAL INJURY OR DEATH; AND (C) IF ONE OR MORE OF  SUCH  SENTENCES  IS
FOR A CONVICTION UNDER ARTICLE ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER.
  § 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15559-01-8

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