NY State Senate Bill 2023-S7938

Senate Bill S7938

2023-2024 Legislative Session

Directs the commissioner of the division of criminal justice services to study gender disparity in sentencing outcomes

download bill text pdf

Current Bill Status - On Floor Calendar

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2024	advanced to third reading
May 07, 2024	2nd report cal.
May 06, 2024	1st report cal.859
Jan 03, 2024	referred to crime victims, crime and correction

Votes

- May 6, 2024 - Crime Victims, Crime And Correction Committee Vote
  S7938
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 6, 2024
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      aye wr (2)
      
      Gallivan
      
      Rolison

2023-S7938 (ACTIVE) - Details

Law Section:: Executive

2023-S7938 (ACTIVE) - Summary

Directs the commissioner of the division of criminal justice services to study gender disparity in sentencing outcomes and make a report to the governor and the legislature of his or her findings, conclusions and recommendations.

2023-S7938 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7938

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act directing the commissioner of the division of criminal justice
services to study gender disparity in sentencing outcomes

 
PURPOSE:

Directs the commissioner of the division of criminal justice services to
study gender disparity in sentencing outcomes.

 
SUMMARY OF PROVISIONS:

Section 1 directs the commissioner of the Department of Corrections and
Community Supervision to study gender disparity in sentencing.

Section 2 states that the commissioner must report their findings to the
Governor and the Legislature no later than one year after the effective
date of this act.

Section 3 states the effective date.

 
JUSTIFICATION:

Although on average, women tend to receive shorter sentences than
men,(1) this issue is more complex than it seems.(2) With the number of
women receiving extreme sentences in the United States going up,(3) it
is imperative to identify and solve issues within the sentencing process
to ensure women are not being unfairly penalized.

Requiring this study to be performed will better allow lawmakers to
correct gender disparities in New York State sentencing procedures, in
turn ensuring both male and female defendants receive a sentence that is
fair and proportional to the crime they committed.

 
LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

1 https://www.ussc.govisites/defaultifiles/pdf/ research-and-
publications/r esearch-publications/2017/201711 14 Demographics.pdf

2 https://www.aclu.org/documents/words-prison-did-you-
know?redirect=words -prison-did-you-knowiLedn

3
httos://www.sentencingorojectorg/app/uoloads/2022/08/in-the-Extreme-Wom
en-Serving-Life-without-Parole-and- Death-Sentences-in-the-United-
States.odf

2023-S7938 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7938
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  directing  the commissioner of the division of criminal justice
   services to study gender disparity in sentencing outcomes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  commissioner  of  the  division  of criminal justice
 services is  authorized  and  directed  to  study  gender  disparity  in
 sentencing outcomes. Such study shall include, but not be limited to:
   (a)  what  sentencing  outcomes  occur  for  individuals  of different
 genders convicted of similar crimes;
   (b) the reasons for any disparities found in the  sentencing  outcomes
 of convicted individuals of each gender;
   (c) recommendations on actions that may be taken to resolve any gender
 disparities found in sentencing outcomes; and
   (d)  any  other  related  information  that  the commissioner may deem
 necessary or relevant in carrying out this study.
   § 2. The commissioner of the division  of  criminal  justice  services
 shall  make  a  report to the governor and the legislature of his or her
 findings, conclusions and recommendations no later than one  year  after
 the  effective  date  of this act and shall submit with this report such
 legislative proposals as they deem necessary to implement  their  recom-
 mendations.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13080-01-3

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