NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4881
SPONSOR: Crespo TITLE OF BILL:
An act to amend the penal law, in relation to reducing certain sentences
of imprisonment for misdemeanors to three hundred sixty-four days
PURPOSE OR GENERAL IDEA OF THE BILL:
Reduces the maximum sentence for misdemeanor offenses from one year to
three hundred sixty-four days.
SUMMARY OF SPECIFIC PROVISIONS:
Bill section one amends subdivisions 1 of section 70.15 of the Penal Law
to reduce by one day, from one year (365 days) to 364 days, the maximum
definite sentence of imprisonment that may be imposed for a misdemeanor
conviction. A conforming change is made to PL § 70.15 (3), to extend
that one day reduction to provisions of law outside the Penal Law that
otherwise authorize a misdemeanor sentence of up to one year imprison-
ment.
Bill section two adds a new subdivision 1-a to Penal Law § 70.15. This
subdivision extends this one day reduction to misdemeanor sentences of
one year imposed before, on or after the effective date of the bill. The
change will occur by operation of law; any person sentenced to a period
of one year under the former provisions of law would be able to obtain
an updated certificate of conviction from the court setting forth such
amended sentence.
Bill section three provides that the bill will take effect immediately.
JUSTIFICATION:
Because of the way New York's Penal Law interacts with federal immi-
gration law, non-citizens, including lawful permanent residents, with
recent or long-past criminal charges sometimes face unexpected and undu-
ly harsh immigration consequences. One significant concern arises
because the maximum potential sentence of imprisonment for conviction of
a Class A misdemeanor in New York is one year imprisonment.
Under federal immigration law, the potential for a one year sentence can
trigger deportation proceedings and removal from the United States in
many circumstances, even when the person spent no time in jail at all.
Further, an actual sentence of one year in jail for a misdemeanor
conviction serves to disqualify New Yorkers in some vulnerable popu-
lations from consideration for certain protections, such as asylum
(based on a well-founded fear of persecution in the foreign country) and
protection from domestic violence.
Such a sentence also divests immigration judges, in certain cases, of
discretion to consider circumstances that may militate against deporta-
tion, such as long-term residence in the U.S., past military service,
and others.
Unnecessary deportations adversely affect the financial and social
systems in New York. When New Yorkers - many of whom have been green
card holders for decades - are deported for lesser crimes and denied
consideration for immigration relief, families may become dependent on
social services and safety net assistance, children may have to forego
education, tax revenues decrease, and employers may experience signif-
icant difficulties due to a loss of qualified workers.
New York is home to one of the most diverse populations in the country.
More than twenty percent of New Yorkers are foreign born. Throughout
New York's history, immigrant populations have contributed immensely to
the economy and the cultural fabric of this state. Rigid immigration
consequences in the law should not be countenanced. The modest change in
this legislation will assure appropriate discretion for federal immi-
gration authorities in certain matters, and help protect this group of
non-citizens from arbitrary deportation and the denial of consideration
of individual circumstances.
PRIOR LEGISLATIVE HISTORY:
A. 9857 (2016) (Crespo)
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
None.
EFFECTIVE DATE:
Immediately.
