A09857 Summary:

BILL NOA09857
 
SAME ASNo Same As
 
SPONSORCrespo
 
COSPNSR
 
MLTSPNSR
 
Amd §70.15, Pen L
 
Reduces the maximum sentence for misdemeanor offenses from one year to three hundred sixty-four days.
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A09857 Actions:

BILL NOA09857
 
04/15/2016referred to codes
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A09857 Committee Votes:

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A09857 Floor Votes:

There are no votes for this bill in this legislative session.
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A09857 Memo:

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.
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A09857 Text:



 
                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.
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