NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9857
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:
Section 1 adds new subdivisions 1 and 3 of section 70.15 of the penal
law, subdivision 1 as amended by chapter 291 of the laws of 1993, are
amended to read as follows of the education law to read as follows:
1.Class A misdemeanor. A sentence of imprisonment for a class A misde-
meanor shall be a definite sentence. When such a sentence is imposed the
term shall be fixed by the court, and shall not exceed  
one year364
days; provided, however, that a sentence of imprisonment imposed upon a
conviction of criminal possession of a weapon in the fourth degree as
defined in subdivision one of section 265.01 must be for a period of no
less than one year when the conviction was the result of a plea of guil-
ty entered in satisfaction of an indictment or any count thereof charg-
ing the defendant with the class D violent felony offense of criminal
possession of a weapon in the third degree as defined in subdivision
four of section 265.02, except that the court may impose any other
sentence authorized by law upon a person who has not been previously
convicted in the five years immediately preceding the commission of the
offense for a felony or a class A misdemeanor defined in this chapter,
if the court having regard to the nature and circumstances of the crime
and to the history and character of the defendant, finds on the record
that such sentence would be unduly harsh and that the alternative
sentence would be consistent with public safety and does not deprecate
the seriousness of the crime.
2.Class B misdemeanor. A sentence of imprisonment for a class B misde-
meanor shall be a definite sentence. When such a sentence is imposed the
term shall be fixed by the court, and shall not exceed three months.
3.Unclassified misdemeanor. A sentence of imprisonment for an unclassi-
fied misdemeanor shall be a definite sentence. When such a sentence is
imposed the term shall be fixed by the court, and shall be in accordance
with the sentence specified in the law or ordinance that defines the
crime, but it shall not exceed three hundred sixty-four days.
4. Whenever the terms "that shall not exceed 365 days" or "up to one
year" or "not in excess of one year" or "not to exceed one year" or any
similar terms appear in any provision of law in reference to misdemeanor
imprisonment, such terms are hereby changed to "not to exceed three
hundred sixty-four days"
Section 2.
Every misdemeanor offense which is prescribed by any law of the state to
be punishable by imprisonment for a term "that shall not exceed 365
days," "up to one year," "not in excess of one year," "not to exceed one
year," or any similar language, shall be deemed to authorize a term of
imprisonment not to exceed 364 days.
Section 3.
a. The amendatory provisions of this act shall apply to all persons who
are sentenced on or after  
date of enactment.
b. The amendatory provisions of this act shall also apply to all persons
who were sentenced before the  
date of enactment to a sentence of 364
days or less of incarceration or to no period of incarceration.
Section 4 contains the effective date.
 
JUSTIFICATION:
Because of the way New York Penal Law currently fits into federal immi-
gration law, noncitizens, including green card holders, are currently
facing unduly harsh immigration consequences. This is happening because
the maximum potential penalty for misdemeanors in New York is currently
one year. Under immigration law, this potential for a one year sentence
leads to noncitizens being deported for misdemeanor convictions and
immigration judges being deprived of discretion to consider whether
these deportations are warranted. This is true, in most circumstances,
even if the noncitizen does not spend any time in jail at all. This
could be cured by a small change in state law, that, while having insig-
nificant effects within the criminal justice system, would greatly
reduce these grave immigration consequences faced by noncitizen New
Yorkers convicted of minor crimes.
Deportations adversely affect the financial and social systems of the
State of New York. When New Yorkers, many of whom have been green card
holders for decades, are deported for minor crimes and denied necessary
immigration relief, families become dependent on various state services,
many children are forced to forego education, tax revenues decrease, and
employers suffer from significant problems due to the lack of qualified
workers.
New York is home to one of the most diverse populations in the country,
and over 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. Immigrant community
members deserve protections from extreme and arbitrary immigration
consequences. This amendment will protect New Yorkers from deportations
and from denial of important immigration relief due to minor criminal
convictions.
 
PRIOR LEGISLATIVE HISTORY:
No prior legislative history.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
None
 
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
9857
IN ASSEMBLY
April 15, 2016
___________
Introduced by M. of A. CRESPO -- 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 when the conviction
11 was the result of a plea of guilty entered in satisfaction of an indict-
12 ment or any count thereof charging the defendant with the class D
13 violent felony offense of criminal possession of a weapon in the third
14 degree as defined in subdivision four of section 265.02, except] that
15 the court may impose any other sentence authorized by law upon a person
16 who has not been previously convicted in the five years immediately
17 preceding the commission of the offense for a felony or a class A misde-
18 meanor defined in this chapter, if the court having regard to the nature
19 and circumstances of the crime and to the history and character of the
20 defendant, finds on the record that such sentence would be unduly harsh
21 and that the alternative sentence would be consistent with public safety
22 and does not deprecate the seriousness of the crime.
23 3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
24 sified misdemeanor shall be a definite sentence. When such a sentence is
25 imposed the term shall be fixed by the court, and shall be in accordance
26 with the sentence specified in the law or ordinance that defines the
27 crime, but it shall not exceed three hundred sixty-four days.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13106-01-5
A. 9857 2
1 § 2. (a) Whenever the terms "that shall not exceed 365 days" or "up to
2 one year" or "not in excess of one year" or "not to exceed one year" or
3 any similar terms appear in any provision of law in reference to misde-
4 meanor imprisonment, such terms are hereby changed to "not to exceed
5 three hundred sixty-four days".
6 (b) The legislative bill drafting commission is hereby directed to
7 effectuate this provision, and shall be guided by a memorandum of
8 instruction setting forth the specific provisions of law to be amended.
9 Such memorandum shall be transmitted to the legislative bill drafting
10 commission within sixty days of the effective date of this provision.
11 Such memorandum shall be issued jointly by the governor, the temporary
12 president of the senate and the speaker of the assembly, or by the dele-
13 gate of each.
14 § 3. (a) The amendatory provisions of this act shall apply to all
15 persons who are sentenced before, on, or after the effective date of
16 this act, for a crime committed before, on, or after the effective date
17 of this act.
18 (b) Any person sentenced to one year of imprisonment for a misdemeanor
19 offense prior to the effective date of this act shall have that sentence
20 reduced to three hundred sixty-four days by operation of law.
21 § 4. This act shall take effect on the sixtieth day after it shall
22 have become a law.