Assembly Bill A1852

2019-2020 Legislative Session

Relates to sentencing

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2019-A1852 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.10, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7751
2015-2016: A964
2017-2018: A1638
2021-2022: A5259

2019-A1852 (ACTIVE) - Summary

Relates to sentencing involving persistent felony offenders.

2019-A1852 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1852
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to sentencing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 70.10 of the penal law, as amended
 by chapter 7 of the laws of 2007, is amended to read as follows:
   2. Authorized sentence. When the court  has  found,  pursuant  to  the
 provisions  of the criminal procedure law, that a person is a persistent
 felony offender, and when it is of the  opinion  that  the  history  and
 character  of  the  defendant and the nature and circumstances of his OR
 HER criminal conduct indicate that extended incarceration and  life-time
 supervision  will  best serve the public interest, the court, in lieu of
 imposing the sentence  of  imprisonment  authorized  by  section  70.00,
 70.02, 70.04, 70.06 or subdivision five of section 70.80 OF THIS ARTICLE
 for  the  crime  of  which  such  person presently stands convicted, may
 impose [the sentence of imprisonment authorized by that  section  for  a
 class A-I felony] AN INDETERMINATE SENTENCE OF IMPRISONMENT. THE MAXIMUM
 TERM  OF THE INDETERMINATE SENTENCE OF IMPRISONMENT SHALL BE LIFE IMPRI-
 SONMENT, AND THE MINIMUM PERIOD OF  IMPRISONMENT  OF  THE  INDETERMINATE
 SENTENCE  SHALL BE FIXED BY THE COURT AT NOT LESS THAN FIFTEEN YEARS NOR
 MORE THAN TWENTY-FIVE YEARS.  In such event the reasons for the  court's
 opinion shall be set forth in the record.
   §  2.  This act shall take effect immediately; provided, however, that
 this act shall apply to offenses committed on or  after  such  effective
 date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04527-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.