Bill Text: NY S05712 | 2019-2020 | General Assembly | Introduced

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Bill Title: Authorizes courts to depart from mandatory minimum sentences in certain cases where the mandatory minimum sentence would result in substantial injustice and is not necessary for the protection of the public; requires courts to report such cases to the division of criminal justice services.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S05712 Detail]

Download: New_York-2019-S05712-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5712

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 13, 2019
                                       ___________

        Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, in  relation  to  authorizing  courts  to
          depart from mandatory minimum sentences in certain cases and requiring
          courts  to  report  such  cases  to  the  division of criminal justice
          services

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This  act shall be known and may be cited as the "justice
     2  safety valve act".
     3    § 2. Section 60.01 of the penal law is amended by adding a new  subdi-
     4  vision 5 to read as follows:
     5    5.  Notwithstanding  any  other provision of law to the contrary, when
     6  sentencing a person convicted of a felony for which there is a mandatory
     7  minimum sentence, the court may depart  from  any  applicable  mandatory
     8  minimum  sentence  if,  giving  due  regard  to the nature of the crime,
     9  history and character of  the  defendant  and  his  or  her  chances  of
    10  successful rehabilitation, the court finds that:
    11    (a)  imposition  of  the mandatory minimum would result in substantial
    12  injustice; and
    13    (b) the mandatory minimum sentence is not necessary for the protection
    14  of the public.
    15    The court shall report any departure from a mandatory minimum sentence
    16  on a form developed by the office of court administration which shall be
    17  forwarded to the division of criminal justice services.
    18    § 3. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11677-01-9