Bill Text: NY A04881 | 2017-2018 | General Assembly | Introduced

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Bill Title: Reduces certain sentences of imprisonment for misdemeanors to three hundred sixty-four days.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Engrossed - Dead) 2018-01-03 - ordered to third reading cal.349 [A04881 Detail]

Download: New_York-2017-A04881-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4881
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 3, 2017
                                       ___________
        Introduced  by M. of A. CRESPO, NOLAN, GLICK, DINOWITZ, KAVANAGH, ROSEN-
          THAL, ABINANTI, MOYA, SIMOTAS, QUART, SEAWRIGHT, SIMON  --  read  once
          and referred to the Committee on Codes
        AN ACT to amend the penal law, in relation to reducing certain sentences
          of imprisonment for misdemeanors to three hundred sixty-four days
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 1 and 3 of section 70.15  of  the  penal  law,
     2  subdivision 1 as amended by chapter 291 of the laws of 1993, are amended
     3  to read as follows:
     4    1.  Class  A  misdemeanor.  A  sentence  of imprisonment for a class A
     5  misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
     6  imposed  the term shall be fixed by the court, and shall not exceed [one
     7  year] three hundred sixty-four days; provided, however, that a  sentence
     8  of  imprisonment  imposed  upon a conviction of criminal possession of a
     9  weapon in the fourth degree as defined in  subdivision  one  of  section
    10  265.01  must  be  for  a period of no less than [one year] three hundred
    11  sixty-four days when the conviction was the result of a plea  of  guilty
    12  entered  in  satisfaction of an indictment or any count thereof charging
    13  the defendant with the  class  D  violent  felony  offense  of  criminal
    14  possession  of  a  weapon  in the third degree as defined in subdivision
    15  four of section 265.02, except that  the  court  may  impose  any  other
    16  sentence  authorized  by  law  upon a person who has not been previously
    17  convicted in the five years immediately preceding the commission of  the
    18  offense  for  a felony or a class A misdemeanor defined in this chapter,
    19  if the court having regard to the nature and circumstances of the  crime
    20  and  to  the history and character of the defendant, finds on the record
    21  that such sentence would  be  unduly  harsh  and  that  the  alternative
    22  sentence  would  be consistent with public safety and does not deprecate
    23  the seriousness of the crime.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09671-01-7
        A. 4881                             2
     1    3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
     2  sified misdemeanor shall be a definite sentence. When such a sentence is
     3  imposed the term shall be fixed by the court, and shall be in accordance
     4  with the sentence specified in the law or  ordinance  that  defines  the
     5  crime  but,  in  any event, it shall not exceed three hundred sixty-four
     6  days.
     7    § 2. Section 70.15 of the penal law is amended by adding a new  subdi-
     8  vision 1-a to read as follows:
     9    1-a. (a) Notwithstanding the provisions of any other law, whenever the
    10  phrase  "one  year"  or "three hundred sixty-five days" or "365 days" or
    11  any similar phrase appears in any provision of this chapter or any other
    12  law in reference to the definite sentence or maximum  definite  sentence
    13  of  imprisonment that is imposed, or has been imposed, or may be imposed
    14  after enactment of this subdivision, for  a  misdemeanor  conviction  in
    15  this  state,  such  phrase  shall mean, be interpreted and be applied as
    16  three hundred sixty-four days.
    17    (b) The amendatory provisions of this subdivision are ameliorative and
    18  shall apply to all persons who are sentenced before,  on  or  after  the
    19  effective  date of this subdivision, for a crime committed before, on or
    20  after the effective date of this subdivision.
    21    (c) Any sentence for a misdemeanor conviction  imposed  prior  to  the
    22  effective date of this subdivision that is a definite sentence of impri-
    23  sonment  of one year, or three hundred sixty-five days, shall, by opera-
    24  tion of law, be changed to, mean and be interpreted  and  applied  as  a
    25  sentence  of  three  hundred  sixty-four  days. In addition to any other
    26  right of a person to obtain a record of a proceeding against him or her,
    27  a person so sentenced prior to the effective date  of  this  subdivision
    28  shall be entitled to obtain, from the criminal court or the clerk there-
    29  of,  a  certificate  of  conviction,  as described in subdivision one of
    30  section 60.60 of the criminal procedure law, setting forth such sentence
    31  as the sentence specified in this paragraph.
    32    § 3. This act shall take effect immediately.