Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 18, 2011 |
referred to codes |
Senate Bill S2270
2011-2012 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
2011-S2270 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§70.25 & 70.35, rpld §70.25 subs 2-a - 2-d & 5, Pen L
- Versions Introduced in 2009-2010 Legislative Session:
-
S934
2011-S2270 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2270 TITLE OF BILL: An act to amend the penal law, in relation to requiring that indeterminate sentences run consecutively with all other terms unless the court orders concurrent sentences and to repeal certain provisions of such law relating thereto SUMMARY: This bill would change section 70.25, subdivision 1 of the penal law so that when multiple sentences of imprisonment are imposed on a person at the same time, or when a person who is subject to any undischarged term of imprisonment imposed at a previous time by a court of this state is sentenced to an additional term of imprisonment, the sentence or sentences imposed by the court will run consecutively unless otherwise specified by the court. This bill repeals subdivisions 2-a, 2-b, 2-c, 2-d, and 5 of section 70.25 of the penal law. JUSTIFICATION: Under current law, section 70.25 of the penal law, when multiple sentences of imprisonment are imposed on a person at the same time, their sentence runs concurrently. This bill would order
2011-S2270 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2270 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ 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 requiring that indetermi- nate sentences run consecutively with all other terms unless the court orders concurrent sentences and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 70.25 of the penal law, as amended by chapter 372 of the laws of 1981 and paragraph (a) as amended by chap- ter 3 of the laws of 1995, is amended to read as follows: 1. [Except as provided in subdivisions two, two-a and five of this section, when] WHEN multiple sentences of imprisonment are imposed on a person at the same time, or when a person who is subject to any undisc- harged term of imprisonment imposed at a previous time by a court of this state is sentenced to an additional term of imprisonment, the sentence or sentences imposed by the court shall run either concurrently or consecutively with respect to each other and the undischarged term or terms in such manner as the court directs at the time of sentence. If the court does not specify the manner in which a sentence imposed by it is to run, the sentence shall run as follows: (a) An indeterminate or determinate sentence shall run [concurrently] CONSECUTIVELY with all other terms; [and] PROVIDED, HOWEVER, THAT THE COURT MAY, IN THE INTEREST OF JUSTICE, ORDER A SENTENCE TO RUN CONCUR- RENTLY IF IT FINDS MITIGATING CIRCUMSTANCES THAT BEAR DIRECTLY UPON THE MANNER IN WHICH THE CRIME WAS COMMITTED. THE DEFENDANT AND THE DISTRICT ATTORNEY SHALL HAVE AN OPPORTUNITY TO PRESENT RELEVANT INFORMATION TO ASSIST THE COURT IN MAKING ITS DETERMINATION AND THE COURT MAY, IN ITS DISCRETION, CONDUCT A HEARING WITH RESPECT TO ANY ISSUE BEARING UPON SUCH DETERMINATION. IF THE COURT DETERMINES THAT CONSECUTIVE SENTENCES EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07053-01-1
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