senate Bill S7871

2021-2022 Legislative Session

Eliminates mandatory minimum sentences; repealer

download bill text pdf

Sponsored By

Current 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

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 18, 2022 referred to codes

Co-Sponsors

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S7871 (ACTIVE) - Details

See Assembly Version of this Bill:
A9166
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld §70.02 subs 2 & 4, §70.70 subs 3 & 4, §490.25 sub 2 ¶(d), §§60.06, 60.07, 60.11-a, 70.04, 70.06, 70.07, 70.08 & 70.10, amd Pen L, generally; amd §§380.50, 390.30, 390.50 & 220.10, rpld §§220.35, 400.15, 400.16, 400.19, 400.20 & 400.21, §220.30 sub 3, CP L; amd §74, Chap 3 of 1995; amd §10, Chap 339 of 1972; amd §76, Chap 435 of 1997; amd Part E §15, Chap 62 of 2003; amd §§2 & 865, rpld §73 sub 10, Cor L

S7871 (ACTIVE) - Summary

Eliminates mandatory minimum sentences.

S7871 (ACTIVE) - Sponsor Memo

S7871 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7871
 
                             I N  S E N A T E
 
                             January 18, 2022
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal  law,  the  criminal  procedure  law  and  the
   correction  law,  in  relation  to  eliminating mandatory minimums; to
   amend the sentencing reform act of 1995, in relation to the effective-
   ness thereof; to amend chapter 339 of the laws of 1972,  amending  the
   correction  law  and  the  penal  law relating to inmate work release,
   furlough and leave, in relation to the effectiveness thereof; to amend
   chapter 435 of the laws of 1997, amending the military law  and  other
   laws  relating to various provisions, in relation to the effectiveness
   thereof; to amend part E of chapter 62 of the laws of  2003,  amending
   the  correction  law and other laws relating to various provisions, in
   relation to the effectiveness thereof; to amend chapter 3 of the  laws
   of  1995,  amending  the correction law and other laws relating to the
   incarceration fee, in relation to the effectiveness  thereof;  and  to
   repeal certain provisions of the penal law, the criminal procedure law
   and the correction law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 1.05 of the penal law, as  amended
 by chapter 98 of the laws of 2006, is amended to read as follows:
   6.  To [insure the public] PROMOTE COMMUNITY safety by [preventing the
 commission of offenses through the deterrent influence of the  sentences
 authorized,]  SUPPORTING  the  rehabilitation of [those] INDIVIDUALS WHO
 HAVE BEEN convicted, [the promotion of] their successful and  productive
 reentry  and  reintegration  into  society, and [their] confinement ONLY
 when required [in the interests of public protection] IN ACCORDANCE WITH
 SUBDIVISION THREE OF SECTION 60.03 OF THIS CHAPTER.
   § 2. The penal law is amended by adding a new section 60.03 to read as
 follows:
 § 60.03 PRESUMPTION AGAINST SENTENCES OF IMPRISONMENT.
   1. THERE SHALL BE A PRESUMPTION AGAINST SENTENCES OF  IMPRISONMENT  IN
 ALL CASES WHICH MAY BE OVERCOME ONLY IN EXTRAORDINARY CIRCUMSTANCES. THE
 TERM "SENTENCE OF IMPRISONMENT" MEANS ANY SENTENCE OF INCARCERATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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