|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 05, 2020||referred to codes|
senate Bill S7681
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7681 (ACTIVE) - Details
S7681 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7681 SPONSOR: BENJAMIN TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: This bill would give the courts the opportunity to reduce or modify an incarcerated individual's prison sentenced based off of their records. SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new subdivision into Section 440.20 of the criminal procedure law. Section 2 sets the effective date.
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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