senate Bill S257

2021-2022 Legislative Session

Relates to motions for resentencing by the people

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 committed to rules
May 12, 2021 advanced to third reading
May 11, 2021 2nd report cal.
May 10, 2021 1st report cal.963
Jan 06, 2021 referred to codes

Votes

view votes

May 10, 2021 - Codes committee Vote

S257
9
3
committee
9
Aye
3
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 10, 2021

aye wr (1)

Co-Sponsors

view additional co-sponsors

S257 (ACTIVE) - Details

See Assembly Version of this Bill:
A5977
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Add §440.48, CP L
Versions Introduced in 2019-2020 Legislative Session:
S6892, A9055

S257 (ACTIVE) - Summary

Allows for motions for resentencing by the people for certain sentences.

S257 (ACTIVE) - Sponsor Memo

S257 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    257
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  COMRIE, KAMINSKY, KRUEGER, RIVERA -- 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 motions for
   resentencing by the people

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The Legislature finds and declares the following:
   1.  People who commit crimes grow and change over time. The commission
 of a crime--no matter the offense--need not  define  a  person  forever.
 Continued incarceration of people who no longer pose a risk to community
 safety is not in the public interest and only makes our State and socie-
 ty less humane.
   2.  Yet  after  a person is sentenced, we provide few meaningful mech-
 anisms to review the length of that  sentence  based  on  how  a  person
 responds  to  incarceration. We limit these opportunities even though at
 the time of sentencing,  all  involved--including  prosecutors,  judges,
 defense  attorneys, and even the person sentenced--are not positioned to
 determine with any precision how long a sentence needs to be in order to
 fulfill the purpose of incarceration. It is impossible  to  predict  how
 individuals will develop during incarceration.
   3.  The  result  of  this  system is thousands of people still serving
 prison terms despite having long-since been  rehabilitated.  Our  system
 traps  tens  of  thousands of people in New York's prisons who are not a
 safety risk, many for life or de facto life sentences.
   4. Our failure to provide a meaningful opportunity  for  release  also
 traps  a  large  number  of  people  in prison who are serving sentences
 imposed during the tough-on-crime era that we would not impose today.
   5. Our overreliance on lengthy sentences  helped  explode  New  York's
 prison population.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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