Bill Text: NY A01596 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A01596 Detail]

Download: New_York-2019-A01596-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1596
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced  by  M.  of  A. HAWLEY, GIGLIO, LAWRENCE, MORINELLO -- Multi-
          Sponsored by -- M.  of A. CROUCH, DiPIETRO -- 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:
     1    Section  1.  Subdivision 2 of section 85.00 of the penal law, as added
     2  by chapter 477 of the laws of 1970, paragraph (a) as amended by  chapter
     3  277 of the laws of 1973, is amended to read as follows:
     4    2.  Authorization for use of sentence. The court may impose a sentence
     5  of intermittent imprisonment in any case where:
     6    (a) the court is imposing sentence, upon a person other than a  second
     7  or  persistent  felony  offender, for a class D or class E felony or for
     8  any offense that is not a felony; [and]
     9    (b) the court is not imposing any other sentence of imprisonment  upon
    10  the defendant at the same time; [and]
    11    (c) the defendant is not under any other sentence of imprisonment with
    12  a term in excess of fifteen days imposed by any other court; and
    13    (d) the court is not imposing a sentence for a sex offense pursuant to
    14  article one hundred thirty of this chapter.
    15    § 2. This act shall take effect on the first of November next succeed-
    16  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.
                                                                   LBD02366-01-9