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Assembly Bill A1841

2023-2024 Legislative Session

Relates to disallowing sentences of intermittent imprisonment when the court is imposing a sentence for a sex offense

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Archive: Last Bill Status - In Assembly Committee

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2023-A1841 (ACTIVE) - Details

See Senate Version of this Bill:
S862
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §85.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6929, S1211
2019-2020: A1596, S684
2021-2022: A3551, S3609
2025-2026: S2335

2023-A1841 (ACTIVE) - Summary

Relates to disallowing sentences of intermittent imprisonment when the court is imposing a sentence for a sex offense.

2023-A1841 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1841
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  HAWLEY,  DeSTEFANO, J. M. GIGLIO, MORINELLO,
   ANGELINO, GALLAHAN, DURSO -- Multi-Sponsored by -- M. of A.  DiPIETRO,
   FRIEND -- read once and referred to the Committee on Codes
 
 AN  ACT to amend the penal law, in relation to sentences of intermittent
   imprisonment for sexual offenses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 85.00 of the penal law, as added
 by chapter 477 of the laws of 1970, paragraph (a) as amended by  chapter
 277 of the laws of 1973, is amended to read as follows:
   2.  Authorization for use of sentence. The court may impose a sentence
 of intermittent imprisonment in any case where:
   (a) the court is imposing sentence, upon a person other than a  second
 or  persistent  felony  offender, for a class D or class E felony or for
 any offense that is not a felony; [and]
   (b) the court is not imposing any other sentence of imprisonment  upon
 the defendant at the same time; [and]
   (c) the defendant is not under any other sentence of imprisonment with
 a term in excess of fifteen days imposed by any other court; and
   (D) THE COURT IS NOT IMPOSING A SENTENCE FOR A SEX OFFENSE PURSUANT TO
 ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00385-01-3

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