NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8280
SPONSOR: Goodell TITLE OF BILL:
An act to amend the penal law, in relation to increasing the maximum
sentence of imprisonment for certain misdemeanors to one year; and to
repeal certain provisions of such law relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
This bill increases the maximum penalty for class A misdemeanors to one
year.
SUMMARY OF PROVISIONS:
Section 1 repeals subdivision 1-a of section 70.15 of the penal law,
which specified that the maximum sentence for almost all class A misde-
meanors would be 364 days.
Section 2 amends section 70.15 of the penal law to specify that the
maximum sentence for a class A misdemeanor shall be one year.
Section 3 provides that the act shall take effective January 1st of the
year following enactment.
JUSTIFICATION:
Typically, a judge imposes the maximum sentence for a class A misdemea-
nor when the criminal activity was particularly egregious or when the
criminal plead guilty to a misdemeanor as part of a plea bargain follow-
ing a more serious felony charge. Thus, the imposition of a maximum
sentence typically .reflects the most serious criminal activity.
For nearly 200 years, the maximum sentence for a class A misdemeanor in
New York State was one year of imprisonment.In 2019, however, the maxi-
mum sentence for a class A misdemeanor was reduced to 364 days. This
reduction was made specifically to protect immigrants from facing auto-
matic deportation, which otherwise occurs upon a criminal sentence of a
year or more in prison. This statutory change reflected a horrific
public policy of protecting these criminal immigrants from being
deported, thereby enabling these criminals to remain in New York State.
Unfortunately, the data is overwhelming that a significant percentage of
convicted criminals will commit another crime against innocent victims.
Thus, the reduction is the maximum sentence resulted in more criminals
on the streets of New York and a higher likelihood of more criminal
activity, more dangerous neighborhoods, and more innocent victims.
This legislation restores the one-year maximum sentence for class A
misdemeanors.
EFFECTIVE DATE:
The legislation would take effective January 1st after its adoption.
STATE OF NEW YORK
________________________________________________________________________
8280
2023-2024 Regular Sessions
IN ASSEMBLY
November 27, 2023
___________
Introduced by M. of A. GOODELL -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to increasing the maximum
sentence of imprisonment for certain misdemeanors to one year; and to
repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1-a of section 70.15 of the penal law is
2 REPEALED.
3 § 2. Subdivisions 1 and 3 of section 70.15 of the penal law, as
4 amended by section 1 of part OO of chapter 55 of the laws of 2019, are
5 amended to read as follows:
6 1. Class A misdemeanor. A sentence of imprisonment for a class A
7 misdemeanor shall be a definite sentence. When such a sentence is
8 imposed the term shall be fixed by the court, and shall not exceed
9 [three hundred sixty-four days] one year.
10 3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
11 sified misdemeanor shall be a definite sentence. When such a sentence is
12 imposed the term shall be fixed by the court, and shall be in accordance
13 with the sentence specified in the law or ordinance that defines the
14 crime [but, in any event, it shall not exceed three hundred sixty-four
15 days].
16 § 3. This act shall take effect on the first of January next succeed-
17 ing the date on which it shall have become a law. Effective immediately,
18 the addition, amendment and/or repeal of any rule or regulation neces-
19 sary for the implementation of this act on its effective date are
20 authorized to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13253-02-3
