senate Bill S1825A

2019-2020 Legislative Session

Relates to sentences of imprisonment for misdemeanors

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

Your Voice

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

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2019 print number 1825a
Feb 13, 2019 amend (t) and recommit to codes
Jan 16, 2019 referred to codes

Co-Sponsors

view additional co-sponsors

S1825 - Details

See Assembly Version of this Bill:
A5964
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.15, Pen L; amd §440.10, CP L
Versions Introduced in 2017-2018 Legislative Session:
S4294, A4881

S1825 - Summary

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

S1825 - Sponsor Memo

S1825 - Bill Text download pdf


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

                                  1825

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 16, 2019
                               ___________

Introduced  by  Sen.  RAMOS  -- 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 reducing certain sentences
  of imprisonment for misdemeanors 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]  THREE HUNDRED SIXTY-FOUR DAYS; 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]  THREE  HUNDRED
SIXTY-FOUR  DAYS  when the conviction was the result of a plea of guilty
entered in satisfaction of an indictment or any count  thereof  charging
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.
  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.

Co-Sponsors

view additional co-sponsors

S1825A (ACTIVE) - Details

See Assembly Version of this Bill:
A5964
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.15, Pen L; amd §440.10, CP L
Versions Introduced in 2017-2018 Legislative Session:
S4294, A4881

S1825A (ACTIVE) - Summary

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

S1825A (ACTIVE) - Sponsor Memo

S1825A (ACTIVE) - Bill Text download pdf


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

                                 1825--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 16, 2019
                               ___________

Introduced  by  Sens. RAMOS, BENJAMIN, BIAGGI, COMRIE, LIU, MYRIE, SALA-
  ZAR, SEPULVEDA -- read twice and ordered printed, and when printed  to
  be  committed  to the Committee on Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05291-06-9

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.