assembly Bill A5964

2019-2020 Legislative Session

Relates to sentences of imprisonment for misdemeanors

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 20, 2019 referred to codes

Co-Sponsors

A5964 (ACTIVE) - Details

See Senate Version of this Bill:
S1825
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.15, Pen L; amd §440.10, CP L
Versions Introduced in 2017-2018 Legislative Session:
A4881, S4294

A5964 (ACTIVE) - Summary

Reduces certain sentences of imprisonment for misdemeanors to three hundred sixty-four days.

A5964 (ACTIVE) - Bill Text download pdf


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

                                  5964

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2019
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
  relation to reducing certain sentences of imprisonment  for  misdemea-
  nors to three hundred sixty-four days

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

  Section 1. Subdivisions 1 and 3 of section 70.15  of  the  penal  law,
subdivision 1 as amended by chapter 291 of the laws of 1993, are amended
to read as follows:
  1.  Class  A  misdemeanor.  A  sentence  of imprisonment for a class A
misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
imposed  the term shall be fixed by the court, and shall not exceed [one
year; provided, however, that a sentence of imprisonment imposed upon  a
conviction  of  criminal  possession of a weapon in the fourth degree as
defined in subdivision one of section 265.01 must be for a period of  no
less than one year when the conviction was the result of a plea of guil-
ty  entered in satisfaction of an indictment or any count thereof charg-
ing the defendant with the class D violent felony  offense  of  criminal
possession  of  a  weapon  in the third degree as defined in subdivision
four of section 265.02, except that  the  court  may  impose  any  other
sentence  authorized  by  law  upon a person who has not been previously
convicted in the five years immediately preceding the commission of  the
offense  for  a felony or a class A misdemeanor defined in this chapter,
if the court having regard to the nature and circumstances of the  crime
and  to  the history and character of the defendant, finds on the record
that such sentence would  be  unduly  harsh  and  that  the  alternative
sentence  would  be consistent with public safety and does not deprecate
the seriousness of the crime] THREE HUNDRED SIXTY-FOUR DAYS.
  3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
sified misdemeanor shall be a definite sentence. When such a sentence is

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

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