Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 08, 2020 |
referred to codes |
May 13, 2019 |
referred to codes |
Senate Bill S5712
2019-2020 Legislative Session
Sponsored By
(D, WF) 18th 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
co-Sponsors
(D, WF) Senate District
(D) 20th Senate District
2019-S5712 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §60.01, Pen L
2019-S5712 (ACTIVE) - Summary
Authorizes courts to depart from mandatory minimum sentences in certain cases where the mandatory minimum sentence would result in substantial injustice and is not necessary for the protection of the public; requires courts to report such cases to the division of criminal justice services.
2019-S5712 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5712 SPONSOR: SALAZAR TITLE OF BILL: An act to amend the penal law, in relation to author- izing courts to depart from mandatory minimum sentences in certain cases and requiring courts to report such cases to the division of criminal justice services PURPOSE OF THE BILL: This bill provides a "safety valve" by which courts may depart from applicable mandatory minimum sentences if the court finds that imposi- tion of the mandatory minimum would result in substantial injustice and that the mandatory minimum sentence is not necessary for the protection of the public. SUMMARY OF PROVISIONS: Section 1 states that this act shall be known as the "justice safety valve act".
2019-S5712 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5712 2019-2020 Regular Sessions I N S E N A T E May 13, 2019 ___________ Introduced by Sen. SALAZAR -- 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 authorizing courts to depart from mandatory minimum sentences in certain cases and requiring courts to report such cases to the division of criminal justice services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "justice safety valve act". § 2. Section 60.01 of the penal law is amended by adding a new subdi- vision 5 to read as follows: 5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN SENTENCING A PERSON CONVICTED OF A FELONY FOR WHICH THERE IS A MANDATORY MINIMUM SENTENCE, THE COURT MAY DEPART FROM ANY APPLICABLE MANDATORY MINIMUM SENTENCE IF, GIVING DUE REGARD TO THE NATURE OF THE CRIME, HISTORY AND CHARACTER OF THE DEFENDANT AND HIS OR HER CHANCES OF SUCCESSFUL REHABILITATION, THE COURT FINDS THAT: (A) IMPOSITION OF THE MANDATORY MINIMUM WOULD RESULT IN SUBSTANTIAL INJUSTICE; AND (B) THE MANDATORY MINIMUM SENTENCE IS NOT NECESSARY FOR THE PROTECTION OF THE PUBLIC. THE COURT SHALL REPORT ANY DEPARTURE FROM A MANDATORY MINIMUM SENTENCE ON A FORM DEVELOPED BY THE OFFICE OF COURT ADMINISTRATION WHICH SHALL BE FORWARDED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES. § 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11677-01-9
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