Senate Bill S8077

2021-2022 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 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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2021-S8077 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.20, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7681
2023-2024: S5091

2021-S8077 (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.

2021-S8077 (ACTIVE) - Sponsor Memo

2021-S8077 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8077
 
                             I N  S E N A T E
 
                             January 24, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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
                       [ ] is old law to be omitted.
              

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