Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 07, 2009 |
referred to codes |
Senate Bill S216
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S216 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd ยงยง70.30 & 70.40, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2657
2009-S216 (ACTIVE) - Summary
Requires a person on parole, conditional release, or temporary release who has been convicted of a felony committed while on such release, to be recommitted to serve the maximum term imposed by the court for the initial felony in addition to the minimum term imposed on the subsequent felony before consideration for parole or other term of release.
2009-S216 (ACTIVE) - Sponsor Memo
BILL NUMBER: S216 TITLE OF BILL : An act to amend the penal law, in relation to fixing sentences for persons committing crimes while on parole, conditional release or temporary release PURPOSE/SUMMARY OF PROVISIONS : To require that persons committing felonies while on parole, conditional release or temporary release serve maximum sentences on the original felonies before the sentence on the subsequent felony commences so they will not qualify for parole until the maximum on the first sentence and the minimum on any subsequent sentences are served. This bill amends Section 70.30 of the penal law providing that a parolee, conditional releasee or temporary releasee who has been convicted of a felony committed while under the terms of such parole, conditional release or temporary release serve the maximum term on any subsequent felony commences. Amends Section 70.40 of the penal law to except such persons convicted of a felony committed while under the terms of parole, conditional release or temporary release from parole eligibility until the maximum term of imprisonment imposed by the court for the initial felony, and the minimum term of any subsequent felony have been served. EXISTING LAW :
2009-S216 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 216 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to fixing sentences for persons committing crimes while on parole, conditional release or temporary release THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 1 of section 70.30 of the penal law, as amended by chapter 481 of the laws of 1978, is amended to read as follows: (b) If the sentences run consecutively, the minimum periods of impri- sonment are added to arrive at an aggregate minimum period of imprison- ment equal to the sum of all the minimum periods, and the maximum terms are added to arrive at an aggregate maximum term equal to the sum of all the maximum terms, provided, however, that both the aggregate maximum term and the aggregate minimum period of imprisonment shall be subject to the limitations set forth in paragraphs (c) [and], (d) AND (G) of this subdivision, where applicable; S 2. Subdivision 1 of section 70.30 of the penal law is amended by adding a new paragraph (g) to read as follows: (G) WHERE A PAROLEE, A CONDITIONAL RELEASEE OR TEMPORARY RELEASEE, HAS BEEN CONVICTED OF A FELONY COMMITTED WHILE UNDER THE TERMS OF SUCH PAROLE, CONDITIONAL RELEASE OR TEMPORARY RELEASE, THE MINIMUM SENTENCE IMPOSED UPON SUCH SUBSEQUENT FELONY SHALL NOT COMMENCE UNTIL THE MAXIMUM TERM OF IMPRISONMENT FOR THE PREVIOUS FELONY HAS BEEN SERVED. S 3. Paragraphs (a) and (b) of subdivision 1 of section 70.40 of the penal law, paragraph (a) as amended by chapter 261 of the laws of 1987, paragraph (b) as separately amended by chapter 467 of the laws of 1979 and chapter 1 of the laws of 1998 and the closing paragraph of paragraph EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02686-01-9
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