assembly Bill A3974

Signed By Governor
2019-2020 Legislative Session

Relates to sentencing and resentencing in domestic violence cases

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2019 signed chap.31
delivered to governor
Mar 12, 2019 returned to assembly
passed senate
3rd reading cal.252
substituted for s1077
Mar 04, 2019 referred to codes
delivered to senate
passed assembly
Feb 28, 2019 advanced to third reading cal.79
Feb 27, 2019 reported
Jan 31, 2019 referred to codes

Co-Sponsors

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Multi-Sponsors

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A3974 (ACTIVE) - Details

See Senate Version of this Bill:
S1077
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: A7874, S5436
2013-2014: A4314, S3337
2015-2016: A4409, S2036
2017-2018: A3110, S3340, S5116

A3974 (ACTIVE) - Summary

Relates to sentencing and resentencing in domestic violence cases.

A3974 (ACTIVE) - Bill Text download pdf


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

                                  3974

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 31, 2019
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred 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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