senate Bill S7681

2019-2020 Legislative Session

Authorizes courts to reduce or modify sentences for certain individuals when such sentence is deemed to be greater than necessary to achieve the purposes of sentencing

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 05, 2020 referred to codes

Co-Sponsors

S7681 (ACTIVE) - Details

See Assembly Version of this Bill:
A8588
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.20, CP L
Versions Introduced in 2021-2022 Legislative Session:
S1179

S7681 (ACTIVE) - Summary

Authorizes courts to reduce or modify sentences for certain individuals when such sentence is deemed to be greater than necessary to achieve the purposes of sentencing.

S7681 (ACTIVE) - Sponsor Memo

S7681 (ACTIVE) - Bill Text download pdf


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

                                  7681

                            I N  S E N A T E

                            February 5, 2020
                               ___________

Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  authorizing
  courts to reduce or modify sentences for certain individuals when such
  sentence  is  deemed  to  be  greater  than  necessary  to achieve the
  purposes of sentencing

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

  Section  1. Section 440.20 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
  5. (A) UPON MOTION OF AN ELIGIBLE INDIVIDUAL, THE COURT IN WHICH JUDG-
MENT WAS ENTERED MAY REDUCE OR MODIFY THE SENTENCE ON  THE  GROUND  THAT
SUCH  SENTENCE  IS  GREATER  THAN  NECESSARY  TO ACHIEVE THE PURPOSES OF
SENTENCING. SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY TO A  MOTION
BROUGHT UNDER THIS SUBDIVISION.
  (B)  AN  INDIVIDUAL IS ELIGIBLE FOR RELIEF UNDER THIS SUBDIVISION WHEN
HE OR SHE:
  (I) HAS BEEN CONVICTED, EITHER BY PLEA OR VERDICT, OF A FELONY OFFENSE
AND IS IN THE CUSTODY OF THE DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION;
  (II)  IS  MORE THAN TWO YEARS AWAY FROM CONDITIONAL RELEASE AT TIME OF
FILING THE MOTION;
  (III) WAS SENTENCED TO AN INDETERMINATE TERM WITH AN AGGREGATE MINIMUM
TERM OF TEN YEARS OR MORE OR AN AGGREGATE DETERMINATE TERM OF TEN  YEARS
OR MORE;
  (IV)  HAS  SERVED (1) AT LEAST ONE-THIRD OF THE AGGREGATE MINIMUM TERM
OF AN INDETERMINATE SENTENCE OR  AT  LEAST  ONE-THIRD  OF  AN  AGGREGATE
DETERMINATE SENTENCE, OR (2) WHERE THE INDIVIDUAL IS SERVING TWO OR MORE
SENTENCES  THAT  RUN  CONSECUTIVELY,  THE TIME REQUIRED TO BE SERVED FOR
ELIGIBILITY UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH OR EIGHT  AND  ONE-
THIRD YEARS, WHICHEVER IS LESS;
  (V)  IS  NOT  CURRENTLY  SERVING A SENTENCE FOR: AN OFFENSE DEFINED IN
ARTICLE ONE HUNDRED TWENTY-FIVE,  ONE  HUNDRED  THIRTY  OR  TWO  HUNDRED
SIXTY-THREE  OF THE PENAL LAW; OR MONEY LAUNDERING IN SUPPORT OF TERROR-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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