assembly Bill A8894

2021-2022 Legislative Session

Authorizes certain persons confined in institutions operated by the department of corrections and community supervision to apply for a sentence reduction

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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 19, 2022 referred to codes

Co-Sponsors

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A8894 (ACTIVE) - Details

See Senate Version of this Bill:
S7872
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §440.45, CP L

A8894 (ACTIVE) - Summary

Authorizes certain persons confined in institutions operated by the department of corrections and community supervision to apply for a sentence reduction.

A8894 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8894
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the criminal procedure law, in relation to authorizing
   certain persons confined in institutions operated by the department of
   corrections  and  community  supervision  to  apply  for  a   sentence
   reduction
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The criminal procedure law is  amended  by  adding  a  new
 section 440.45 to read as follows:
 § 440.45 APPLICATION FOR SENTENCE REDUCTION.
   1. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING ANY MINI-
 MUM SENTENCE REQUIREMENT, ANY PERSON CONFINED IN AN INSTITUTION OPERATED
 BY  THE  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY SUPERVISION WHO HAS
 SERVED TEN YEARS OF THEIR SENTENCE, OR ONE-HALF OF THE MINIMUM  TERM  OF
 AN  INDETERMINATE  SENTENCE WHERE THE MINIMUM TERM EQUALS OR EXCEEDS TEN
 YEARS, OR ONE-HALF OF A DETERMINATE SENTENCE WHERE THE  SENTENCE  EQUALS
 OR  EXCEEDS  TEN  YEARS, WHICHEVER IS LESS, MAY APPLY FOR A REDUCTION OF
 THEIR SENTENCE PURSUANT TO THE  PROVISIONS  OF  THIS  STATUTE.  FOR  THE
 PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM "SENTENCE" SHALL INCLUDE ANY
 AGGREGATE SENTENCE WHERE CONSECUTIVE SENTENCES ARE IMPOSED.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS  SUBDIVISION,  AN  OTHERWISE
 INELIGIBLE  PERSON  SHALL BE DEEMED ELIGIBLE TO APPLY FOR A REDUCTION IN
 SENTENCE UPON CONSENT OF  THE  PROSECUTOR  IN  THE  UNDERLYING  CRIMINAL
 ACTION IN WHICH THE SENTENCE WAS IMPOSED.
   (C)  NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE PROSECUTOR
 IN THE UNDERLYING CRIMINAL ACTION IN WHICH A SENTENCE  WAS  IMPOSED  MAY
 INITIATE  AN  APPLICATION FOR RESENTENCING ON BEHALF OF THE INCARCERATED
 PERSON AND UPON SUCH APPLICATION AN ATTORNEY SHALL BE ASSIGNED TO REPRE-
 SENT THE INCARCERATED PERSON IN PROCEEDINGS PURSUANT TO THIS SECTION.
   (D) NO WAIVER OF THE RIGHT TO  MAKE  AN  APPLICATION  FOR  A  SENTENCE
 REDUCTION  UNDER  THIS  SECTION  SHALL  BE  PERMITTED  OR HONORED BY THE
 SENTENCING COURT. ANY SUCH WAIVER SHALL BE DEEMED VOID  AND  UNENFORCEA-
 BLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.