Bill Text: NY A04409 | 2015-2016 | General Assembly | Amended

New York Assembly Bill 4409 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relates to sentencing and resentencing in domestic violence cases.

Spectrum: Partisan Bill (Democrat 48-1)

Status: (Engrossed - Dead) 2016-05-03 - REFERRED TO CODES [A04409 Detail]

Download: New_York-2015-A04409-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                         4409--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2015
                                       ___________
        Introduced  by  M.  of  A. AUBRY, PERRY, LIFTON, PEOPLES-STOKES, TITONE,
          PAULIN, BRONSON, ZEBROWSKI, O'DONNELL, PRETLOW, JAFFEE, CRESPO,  SCHI-
          MEL, MAGNARELLI, MOSLEY, ROZIC, BARRETT, ROBINSON, GOTTFRIED, SIMOTAS,
          HEVESI,  WRIGHT,  BLAKE,  ARROYO,  ORTIZ, QUART, COOK, HOOPER, CAHILL,
          LINARES, PICHARDO, RICHARDSON -- Multi-Sponsored by -- M. of A.  BREN-
          NAN,  DUPREY,  FAHY, GALEF, GLICK, GOODELL, HIKIND, LENTOL, LUPINACCI,
          MAGEE, MARKEY, MURRAY, PALMESANO, RAIA, RODRIGUEZ,  ROSENTHAL,  SIMON,
          SOLAGES,  THIELE,  TITUS,  WALTER  --  read  once  and referred to the
          Committee on Codes -- recommitted to the Committee on Codes in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation to sentencing and resentencing in domestic violence cases
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 60.12 of the penal law, as added by  chapter  1  of
     2  the laws of 1998, is amended to read as follows:
     3  § 60.12 Authorized disposition; alternative [indeterminate] sentence [of
     4            imprisonment]; domestic violence cases.
     5    1. Notwithstanding any other provision of law, where a court is impos-
     6  ing  sentence  upon  a  person  pursuant to section 70.00, 70.02 [upon a
     7  conviction  for  an  offense  enumerated  in  subdivision  one  of  such
     8  section],  70.06  or  subdivision  two or three of section 70.71 of this
     9  title, other than for an offense defined in [article one hundred  thirty
    10  of  this  chapter]  section  125.26, 125.27, subdivision five of section
    11  125.25, or article 490 of this chapter, or for an  offense  which  would
    12  require  such  person  to register as a sex offender pursuant to article
    13  six-C of the correction law, an attempt or conspiracy to commit any such
    14  offense, and is  authorized  or  required  pursuant  to  [such  section]
    15  sections  70.00,  70.02,  70.06  or  subdivision two or three of section
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07697-04-6