Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
May 13, 2009 |
referred to codes |
Senate Bill S5517
2009-2010 Legislative Session
Sponsored By
(D, WF) 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-S5517 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7951
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§380.60 & 380.70, add §380.65, CP L; amd §601, Cor L
- Versions Introduced in 2011-2012 Legislative Session:
-
S3272, A4658
2009-S5517 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5517 TITLE OF BILL : An act to amend the criminal procedure law and the correction law, in relation to the delivery of sentence and commitment documents SUMMARY OF PROVISIONS : Section 1 of the bill would make a technical correction to Criminal Procedure Law § 380.60 to reflect the correct title of the commitment document that accompanies an offender to a correctional institution. Sections 2 and 4 of the bill would add a new Criminal Procedure Law . 380.65 and amend Correction Law §601(a) to clarify that the sentence and commitment or certificate of conviction, as well as any order of protection, must accompany an offender to a state or local correctional institution or to an OCFS facility when he or she commences service of a sentence of imprisonment. Section 3 of the bill would make a technical amendment to Criminal Procedure Law § 380.70 to clarify that it is only the sentencing minutes, and not the certificate of conviction or order of protection, that must be delivered to the institution where the defendant is confined within 30 days after the imposition of sentence.
2009-S5517 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5517 2009-2010 Regular Sessions I N S E N A T E May 13, 2009 ___________ Introduced by Sen. HASSELL-THOMPSON -- (at request of the Department of Correctional Services) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law and the correction law, in relation to the delivery of sentence and commitment documents THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 380.60 of the criminal procedure law is amended to read as follows: S 380.60 Authority for the execution of sentence. Except where a sentence of death is pronounced, a SENTENCE AND COMMIT- MENT OR certificate of conviction showing the sentence pronounced by the court, or a certified copy thereof, constitutes the authority for execution of the sentence and serves as the order of commitment, and no other warrant, order of commitment or authority is necessary to justify or to require execution of the sentence. S 2. The criminal procedure law is amended by adding a new section 380.65 to read as follows: S 380.65 SENTENCE AND COMMITMENT AND ORDER OF PROTECTION TO ACCOMPANY DEFENDANT SENTENCED TO IMPRISONMENT. A SENTENCE AND COMMITMENT OR CERTIFICATE OF CONVICTION, SPECIFYING THE SECTION, AND TO THE EXTENT APPLICABLE, THE SUBDIVISION, PARAGRAPH AND SUBPARAGRAPH OF THE PENAL LAW OR OTHER STATUTE UNDER WHICH THE DEFENDANT WAS CONVICTED, AND A COPY OF ANY ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED AGAINST THE DEFENDANT AT THE TIME OF SENTENCING, MUST BE DELIVERED TO THE PERSON IN CHARGE OF THE CORRECTIONAL FACILITY OR OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY TO WHICH THE DEFEND- ANT IS COMMITTED AT THE TIME THE DEFENDANT IS DELIVERED THERETO. A SENTENCE AND COMMITMENT OR CERTIFICATE OF CONVICTION IS NOT DEFECTIVE BY REASON OF A FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06944-02-9
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