NY State Senate Bill 2019-S1825A

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

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Feb 13, 2019	print number 1825a
Feb 13, 2019	amend (t) and recommit to codes
Jan 16, 2019	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

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2019-S1825 - Details

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

2019-S1825 - Summary

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

2019-S1825 - Sponsor Memo

                                
 
BILL NUMBER: S1825

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the penal law, in relation to reducing certain sentences
of imprisonment for misdemeanors to three hundred sixty-four days

 
PURPOSE:

Reduces the maximum sentence for misdemeanor offenses from one year to
three hundred sixty-four days.

 
SUMMARY OF PROVISIONS:

Bill section one amends subdivisions 1 of section 70.15 of the Penal Law
to reduce by one day, from one year (365 days) to 364 days, the maximum
definite sentence of imprisonment that may be imposed for a misdemeanor
conviction. A conforming change is made to PL § 70.15 (3), to extend
that one day reduction to provisions of law outside the Penal Law that
otherwise authorize a misdemeanor sentence of up to one year imprison-

ment.

Bill section two adds a new subdivision I-a to Penal Law § 70.15. This
subdivision extends this one day reduction to misdemeanor sentences of
one year imposed before, on or after the effective date of the bill. The
change will occur by operation of law; any person sentenced to a period
of one year under the former provisions of law would be able to obtain
an updated certificate of conviction from the court setting forth such
amended sentence. Any sentence for a misdemeanor conviction imposed
prior to the effective date of this subdivision that is other than a
definite sentence of imprisonment of one year may be set aside.

Bill section three provides that the bill will take effect immediately.

 
JUSTIFICATION:

Because of the way New York's Penal Law interacts with federal immi-
gration law, non-citizens, including lawful permanent residents, with
recent or long-past criminal charges sometimes face unexpected and undu-
ly harsh immigration consequences. One significant concern arises
because the maximum potential sentence of imprisonment for conviction of
a Class A misdemeanor in New York is one year imprisonment.

Under federal immigration law, the potential for a one year sentence can
trigger deportation proceedings and removal from the United States in
many circumstances, even when the person spent no time in jail at all.

Further, an actual sentence of one year in jail for a misdemeanor
conviction serves to disqualify New Yorkers in some vulnerable popu-
lations from consideration for certain protections, such as asylum
(based on a well-founded fear of persecution in the foreign country) and
protection from domestic violence.

Such a sentence also divests immigration judges, in certain cases, of
discretion to consider circumstances that may militate against deporta-
tion, such as long-term residence in the U.S., past military service,
and others.

Unnecessary deportations adversely affect the financial and social
systems in New York. When New Yorkers - many of whom have been green
card holders for decades - are deported for lesser crimes and denied
consideration for immigration relief, families may become dependent on
social services and safety net assistance, children may have to forego
education, tax revenues decrease, and employers may experience signif-
icant difficulties due to a loss of qualified workers.

New York is home to one of the most diverse populations in the country.
More than twenty percent of New Yorkers are foreign born.  Throughout
New York's history, immigrant populations have contributed immensely to
the economy and the cultural fabric of this state. Rigid immigration
consequences in the law should not be countenanced. The modest change in
this legislation will assure appropriate discretion for federal immi-
gration authorities in certain matters, and help protect this group of
non-citizens from arbitrary deportation and the denial of consideration
of individual circumstances.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2019-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.

                                                            LBD05291-02-9

 S. 1825                             2
 
 imposed the term shall be fixed by the court, and shall be in accordance
 with  the  sentence  specified  in the law or ordinance that defines the
 crime BUT, IN ANY EVENT, IT SHALL NOT EXCEED  THREE  HUNDRED  SIXTY-FOUR
 DAYS.
   §  2. Section 70.15 of the penal law is amended by adding a new subdi-
 vision 1-a to read as follows:
   1-A. (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, WHENEVER THE
 PHRASE "ONE YEAR" OR "THREE HUNDRED SIXTY-FIVE DAYS" OR  "365  DAYS"  OR
 ANY SIMILAR PHRASE APPEARS IN ANY PROVISION OF THIS CHAPTER OR ANY OTHER
 LAW  IN  REFERENCE TO THE DEFINITE SENTENCE OR MAXIMUM DEFINITE SENTENCE
 OF IMPRISONMENT THAT IS IMPOSED, OR HAS BEEN IMPOSED, OR MAY BE  IMPOSED
 AFTER  ENACTMENT  OF  THIS  SUBDIVISION, FOR A MISDEMEANOR CONVICTION IN
 THIS STATE, SUCH PHRASE SHALL MEAN, BE INTERPRETED  AND  BE  APPLIED  AS
 THREE HUNDRED SIXTY-FOUR DAYS.
   (B) THE AMENDATORY PROVISIONS OF THIS SUBDIVISION ARE AMELIORATIVE AND
 SHALL  APPLY  TO  ALL  PERSONS WHO ARE SENTENCED BEFORE, ON OR AFTER THE
 EFFECTIVE DATE OF THIS SUBDIVISION, FOR A CRIME COMMITTED BEFORE, ON  OR
 AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   (C)  ANY  SENTENCE  FOR  A MISDEMEANOR CONVICTION IMPOSED PRIOR TO THE
 EFFECTIVE DATE OF THIS SUBDIVISION THAT IS A DEFINITE SENTENCE OF IMPRI-
 SONMENT OF ONE YEAR, OR THREE HUNDRED SIXTY-FIVE DAYS, SHALL, BY  OPERA-
 TION  OF  LAW,  BE  CHANGED TO, MEAN AND BE INTERPRETED AND APPLIED AS A
 SENTENCE OF THREE HUNDRED SIXTY-FOUR DAYS.  IN  ADDITION  TO  ANY  OTHER
 RIGHT OF A PERSON TO OBTAIN A RECORD OF A PROCEEDING AGAINST HIM OR HER,
 A  PERSON  SO  SENTENCED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION
 SHALL BE ENTITLED TO OBTAIN, FROM THE CRIMINAL COURT OR THE CLERK THERE-
 OF, A CERTIFICATE OF CONVICTION, AS  DESCRIBED  IN  SUBDIVISION  ONE  OF
 SECTION 60.60 OF THE CRIMINAL PROCEDURE LAW, SETTING FORTH SUCH SENTENCE
 AS THE SENTENCE SPECIFIED IN THIS PARAGRAPH.
   (D)  ANY  SENTENCE  FOR  A MISDEMEANOR CONVICTION IMPOSED PRIOR TO THE
 EFFECTIVE DATE OF  THIS  SUBDIVISION  THAT  IS  OTHER  THAN  A  DEFINITE
 SENTENCE  OF  IMPRISONMENT  OF ONE YEAR MAY BE SET ASIDE, UPON MOTION OF
 THE DEFENDANT UNDER SECTION 440.20 OF THE CRIMINAL PROCEDURE  LAW  BASED
 ON  A  SHOWING THAT THE JUDGMENT AND SENTENCE UNDER THE LAW IN EFFECT AT
 THE TIME OF CONVICTION IMPOSED PRIOR  TO  THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION  IS  LIKELY  TO RESULT IN SEVERE COLLATERAL CONSEQUENCES, IN
 ORDER TO PERMIT THE COURT TO RESENTENCE THE DEFENDANT IN ACCORDANCE WITH
 THE AMENDATORY PROVISIONS OF THIS SUBDIVISION.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S1825A (ACTIVE) - Details

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

2019-S1825A (ACTIVE) - Summary

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

2019-S1825A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1825A

SPONSOR: RAMOS
 
PURPOSE:

Reduces the maximum sentence for misdemeanor offenses from one year to
three hundred sixty-four days.

 
SUMMARY OF PROVISIONS:

Bill section one amends subdivisions 1 of section 70.15 of the Penal Law
to reduce by one day, from one year (365 days) to 364 days, the maximum
definite sentence of imprisonment that may be imposed for a misdemeanor
conviction. A conforming change is made to PL § 70.15 (3), to extend
that one day reduction to provisions of law outside the Penal Law that
otherwise authorize a misdemeanor sentence of up to one year imprison-
ment.

Bill section two adds a new subdivision I-a to Penal Law § 70.15. This
subdivision extends this one day reduction to misdemeanor sentences of
one year imposed before, on or after the effective date of the bill. The
change will occur by operation of law; any person sentenced to a period

of one year under the former provisions of law would be able to obtain
an updated certificate of conviction from the court setting forth such
amended sentence. Any sentence for a misdemeanor conviction imposed
prior to the effective date of this subdivision that is other than a
definite sentence of imprisonment of one year may be set aside.

Bill section three provides that the bill will take effect immediately.

 
JUSTIFICATION:

Because of the way New York's Penal Law interacts with federal immi-
gration law, non-citizens, including lawful permanent residents, with
recent or long-past criminal charges sometimes face unexpected and undu-
ly harsh immigration consequences. One significant concern arises
because the maximum potential sentence of imprisonment for conviction of
a Class A misdemeanor in New York is one year imprisonment.

Under federal immigration law, the potential for a one year sentence can
trigger deportation proceedings and removal from the United States in
many circumstances, even when the person spent no time in jail at all.

Further, an actual sentence of one year in jail for a misdemeanor
conviction serves to disqualify New Yorkers in some vulnerable popu-
lations from consideration for certain protections, such as asylum
(based on a well-founded fear of persecution in the foreign country) and
protection from domestic violence.

Such a sentence also divests immigration judges, in certain cases, of
discretion to consider circumstances that may militate against deporta-
tion, such as long-term residence in the U.S., past military service,
and others.

Unnecessary deportations adversely affect the financial and social
systems in New York. When New Yorkers - many of whom have been green
card holders for decades - are deported for lesser crimes and denied
consideration for immigration relief, families may become dependent on
social services and safety net assistance, children may have to forego
education, tax revenues decrease, and employers may experience signif-
icant difficulties due to a loss of qualified workers.

New York is home to one of the most diverse populations in the country.
More than twenty percent of New Yorkers are foreign born.  Throughout
New York's history, immigrant populations have contributed immensely to
the economy and the cultural fabric of this state. Rigid immigration
consequences in the law should not be countenanced. The modest change in
this legislation will assure appropriate discretion for federal immi-
gration authorities in certain matters, and help protect this group of
non-citizens from arbitrary deportation and the denial of consideration
of individual circumstances.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2019-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

 S. 1825--A                          2

 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
 imposed the term shall be fixed by the court, and shall be in accordance
 with  the  sentence  specified  in the law or ordinance that defines the
 crime BUT, IN ANY EVENT, IT SHALL NOT EXCEED  THREE  HUNDRED  SIXTY-FOUR
 DAYS.
   §  2. Section 70.15 of the penal law is amended by adding a new subdi-
 vision 1-a to read as follows:
   1-A. (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, WHENEVER THE
 PHRASE "ONE YEAR" OR "THREE HUNDRED SIXTY-FIVE DAYS" OR  "365  DAYS"  OR
 ANY SIMILAR PHRASE APPEARS IN ANY PROVISION OF THIS CHAPTER OR ANY OTHER
 LAW  IN  REFERENCE TO THE DEFINITE SENTENCE OR MAXIMUM DEFINITE SENTENCE
 OF IMPRISONMENT THAT IS IMPOSED, OR HAS BEEN IMPOSED, OR MAY BE  IMPOSED
 AFTER  ENACTMENT  OF  THIS  SUBDIVISION, FOR A MISDEMEANOR CONVICTION IN
 THIS STATE, SUCH PHRASE SHALL MEAN, BE INTERPRETED  AND  BE  APPLIED  AS
 THREE HUNDRED SIXTY-FOUR DAYS.
   (B) THE AMENDATORY PROVISIONS OF THIS SUBDIVISION ARE AMELIORATIVE AND
 SHALL  APPLY  TO  ALL  PERSONS WHO ARE SENTENCED BEFORE, ON OR AFTER THE
 EFFECTIVE DATE OF THIS SUBDIVISION, FOR A CRIME COMMITTED BEFORE, ON  OR
 AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   (C)  ANY  SENTENCE  FOR  A MISDEMEANOR CONVICTION IMPOSED PRIOR TO THE
 EFFECTIVE DATE OF THIS SUBDIVISION THAT IS A DEFINITE SENTENCE OF IMPRI-
 SONMENT OF ONE YEAR, OR THREE HUNDRED SIXTY-FIVE DAYS, SHALL, BY  OPERA-
 TION  OF  LAW,  BE  CHANGED TO, MEAN AND BE INTERPRETED AND APPLIED AS A
 SENTENCE OF THREE HUNDRED SIXTY-FOUR DAYS.  IN  ADDITION  TO  ANY  OTHER
 RIGHT OF A PERSON TO OBTAIN A RECORD OF A PROCEEDING AGAINST HIM OR HER,
 A  PERSON  SO  SENTENCED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION
 SHALL BE ENTITLED TO OBTAIN, FROM THE CRIMINAL COURT OR THE CLERK THERE-
 OF, A CERTIFICATE OF CONVICTION, AS  DESCRIBED  IN  SUBDIVISION  ONE  OF
 SECTION 60.60 OF THE CRIMINAL PROCEDURE LAW, SETTING FORTH SUCH SENTENCE
 AS THE SENTENCE SPECIFIED IN THIS PARAGRAPH.
   (D)  ANY  SENTENCE  FOR  A MISDEMEANOR CONVICTION IMPOSED PRIOR TO THE
 EFFECTIVE DATE OF  THIS  SUBDIVISION  THAT  IS  OTHER  THAN  A  DEFINITE
 SENTENCE  OF  IMPRISONMENT  OF ONE YEAR MAY BE SET ASIDE, UPON MOTION OF
 THE DEFENDANT UNDER SECTION 440.20 OF THE CRIMINAL PROCEDURE  LAW  BASED
 ON  A  SHOWING THAT THE JUDGMENT AND SENTENCE UNDER THE LAW IN EFFECT AT
 THE TIME OF CONVICTION IMPOSED PRIOR  TO  THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION  IS  LIKELY  TO RESULT IN SEVERE COLLATERAL CONSEQUENCES, IN
 ORDER TO PERMIT THE COURT TO RESENTENCE THE DEFENDANT IN ACCORDANCE WITH
 THE AMENDATORY PROVISIONS OF THIS SUBDIVISION.
   (E) RESENTENCE BY OPERATION OF LAW IS WITHOUT PREJUDICE TO AN INDIVID-
 UAL SEEKING FURTHER RELIEF PURSUANT TO PARAGRAPH (I) OF SUBDIVISION  ONE
 OF SECTION 440.10 OF THE CRIMINAL PROCEDURE LAW. NOTHING IN THIS SECTION
 IS  INTENDED  TO  DIMINISH  OR ABROGATE ANY RIGHTS OR REMEDIES OTHERWISE
 AVAILABLE TO THE INDIVIDUAL.
   § 3. Paragraph (i) of subdivision 1 of section 440.10 of the  criminal
 procedure  law, as amended by chapter 368 of the laws of 2015, the open-
 ing paragraph as amended by chapter 189 of the laws of 2018, is  amended
 and a new paragraph (j) is added to read as follows:
   (i)  The judgment is a conviction where the arresting charge was under
 section 240.37 (loitering for the purpose of engaging in a  prostitution
 offense, provided that the defendant was not alleged to be loitering for
 the  purpose of patronizing a person for prostitution or promoting pros-
 titution) or 230.00 (prostitution) or 230.03 (prostitution in  a  school

 S. 1825--A                          3
 
 zone) of the penal law, and the defendant's participation in the offense
 was  a  result  of having been a victim of sex trafficking under section
 230.34 of the penal law,  sex  trafficking  of  a  child  under  section
 230.34-a of the penal law, labor trafficking under section 135.35 of the
 penal  law,  aggravated  labor  trafficking  under section 135.37 of the
 penal law, compelling prostitution under section  230.33  of  the  penal
 law,  or trafficking in persons under the Trafficking Victims Protection
 Act (United States Code, title 22, chapter 78); provided that
   (i) a motion under this paragraph shall be made  with  due  diligence,
 after  the  defendant  has  ceased to be a victim of such trafficking or
 compelling prostitution crime or has sought services for victims of such
 trafficking or compelling  prostitution  crime,  subject  to  reasonable
 concerns  for the safety of the defendant, family members of the defend-
 ant, or other victims of such  trafficking  or  compelling  prostitution
 crime  that  may  be  jeopardized by the bringing of such motion, or for
 other reasons consistent with the purpose of this paragraph; and
   (ii) official documentation of the defendant's status as a  victim  of
 trafficking,  compelling  prostitution  or trafficking in persons at the
 time of the offense from a federal, state  or  local  government  agency
 shall  create  a  presumption  that the defendant's participation in the
 offense was a result of having been a victim of sex trafficking, compel-
 ling prostitution or trafficking in persons, but shall not  be  required
 for granting a motion under this paragraph[.]; OR
   (J)  THE JUDGMENT IS A CONVICTION FOR A CLASS A OR UNCLASSIFIED MISDE-
 MEANOR ENTERED PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH AND  SATIS-
 FIES  THE GROUND PRESCRIBED IN PARAGRAPH (H) OF THIS SUBDIVISION.  THERE
 SHALL BE A REBUTTABLE PRESUMPTION THAT A CONVICTION BY PLEA TO  SUCH  AN
 OFFENSE WAS NOT KNOWING AND VOLUNTARY, BASED ON SEVERE OR ONGOING COLLA-
 TERAL  CONSEQUENCES,  INCLUDING  POTENTIAL  OR ACTUAL IMMIGRATION CONSE-
 QUENCES, AND THERE SHALL BE A REBUTTABLE PRESUMPTION THAT  A  CONVICTION
 BY  VERDICT  CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT UNDER SECTION FIVE
 OF ARTICLE ONE OF THE STATE CONSTITUTION BASED ON SUCH CONSEQUENCES.
   § 4. Section 440.10 of the criminal procedure law is amended by adding
 a new subdivision 9 to read as follows:
   9. UPON GRANTING OF SUCH A MOTION, THE COURT MAY EITHER:
   (A) WITH THE CONSENT OF THE PEOPLE, VACATE THE JUDGMENT OR MODIFY  THE
 JUDGMENT BY REDUCING IT TO ONE OF CONVICTION FOR A LESSER OFFENSE; OR
   (B)  VACATE  THE  JUDGMENT AND ORDER A NEW TRIAL WHEREIN THE DEFENDANT
 ENTERS A PLEA TO THE SAME OFFENSE IN ORDER TO PERMIT THE COURT TO RESEN-
 TENCE THE DEFENDANT IN ACCORDANCE  WITH  THE  AMENDATORY  PROVISIONS  OF
 SUBDIVISION ONE-A OF SECTION 70.15 OF THE PENAL LAW.
   § 5. This act shall take effect immediately.

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Senate Bill S1825A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

co-Sponsors

2019-S1825 - Details

2019-S1825 - Summary

2019-S1825 - Sponsor Memo

2019-S1825 - Bill Text download pdf

co-Sponsors

2019-S1825A (ACTIVE) - Details

2019-S1825A (ACTIVE) - Summary

2019-S1825A (ACTIVE) - Sponsor Memo

2019-S1825A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

co-Sponsors

2019-S1825 - Details

2019-S1825 - Summary

2019-S1825 - Sponsor Memo

2019-S1825 - Bill Text download pdf

co-Sponsors

2019-S1825A (ACTIVE) - Details

2019-S1825A (ACTIVE) - Summary

2019-S1825A (ACTIVE) - Sponsor Memo

2019-S1825A (ACTIVE) - Bill Text download pdf

Comments