NY State Senate Bill 2017-S4294

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Feb 08, 2017	referred to codes

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2017-S4294 (ACTIVE) - Details

See Assembly Version of this Bill:: A4881
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §70.15, Pen L
Versions Introduced in 2019-2020 Legislative Session:: S1825, A4469, A5964

2017-S4294 (ACTIVE) - Summary

Reduces certain sentences of imprisonment for misdemeanors to three hundred sixty-four days.

2017-S4294 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4294

 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 :

Bill section one amends subdivisions 1 of section 70.15 of the Penal
Law to reduce by one day, from one year (365 days) to 364 days, the
maximum definite sentence of imprisonment that may be imposed for a
misdemeanor conviction. A conforming change is made to PL § 70.15 (3),
to extend that one day reduction to provisions of law outside the
Penal Law that otherwise authorize a misdemeanor sentence of up to one
year imprisonment.

Bill section two adds a new subdivision 1-a to Penal Law § 70.15. This
subdivision extends this one day reduction to misdemeanor sentences of
one year imposed before, on or after the effective date of the bill.
The change will occur by operation of law; any person sentenced to a
period of one year under the former provisions of law would be able to

obtain an updated certificate of conviction from the court setting
forth such amended sentence.

Bill section three provides that the bill will take effect
immediately.

 JUSTIFICATION :

Because of the way New York's Penal Law interacts with federal
immigration law, non-citizens, including lawful permanent residents,
with recent or long-past criminal charges sometimes face unexpected
and unduly harsh immigration consequences. One significant concern
arises because the maximum potential sentence of imprisonment for
conviction of a Class A misdemeanor in New York is one year
imprisonment.

Under federal immigration law, the potential for a one year sentence
can trigger deportation proceedings and removal from the United States
in many circumstances, even when the person spent no time in jail at
all.

Further, an actual sentence of one year in jail for a misdemeanor
conviction serves to disqualify New Yorkers in some vulnerable
populations from consideration for certain protections, such as asylum
(based on a well-founded fear of persecution in the foreign country)
and protection from domestic violence.

Such a sentence also divests immigration judges, in certain cases, of
discretion to consider circumstances that may militate against
deportation, such as long-term residence in the U.S., past military
service, and others.

Unnecessary deportations adversely affect the financial and social
systems in New York. When New Yorkers - many of whom have been green
card holders for decades - are deported for lesser crimes and denied
consideration for immigration relief, families may become dependent on
social services and safety net assistance, children may have to forego
education, tax revenues decrease, and employers may experience
significant difficulties due to a loss of qualified workers.

New York is home to one of the most diverse populations in the
country. More than 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. Rigid
immigration consequences in the law should not be countenanced. The
modest change in this legislation will assure appropriate discretion
for federal immigration authorities in certain matters, and help
protect this group of non-citizens from arbitrary deportation and the
denial of consideration of individual circumstances.

 PRIOR LEGISLATIVE HISTORY :

A. 9857 (2016) (Crespo)

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT :

None.

 EFFECTIVE DATE :
Immediately.

2017-S4294 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4294
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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 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:
 
   Section 1. 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:
   1.  Class  A  misdemeanor.  A  sentence  of imprisonment for a class A
 misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
 imposed  the term shall be fixed by the court, and shall not exceed [one
 year] THREE HUNDRED SIXTY-FOUR 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] THREE HUNDRED
 SIXTY-FOUR DAYS when the conviction was the result of a plea  of  guilty
 entered  in  satisfaction of an indictment or any count thereof charging
 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.
   3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
 sified misdemeanor shall be a definite sentence. When such a sentence is
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09671-01-7

 S. 4294                             2
 
 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,  IN  ANY EVENT, IT SHALL NOT EXCEED THREE HUNDRED SIXTY-FOUR
 DAYS.
   §  2. Section 70.15 of the penal law is amended by adding a new subdi-
 vision 1-a to read as follows:
   1-A. (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, WHENEVER THE
 PHRASE "ONE YEAR" OR "THREE HUNDRED SIXTY-FIVE DAYS" OR  "365  DAYS"  OR
 ANY SIMILAR PHRASE APPEARS IN ANY PROVISION OF THIS CHAPTER OR ANY OTHER
 LAW  IN  REFERENCE TO THE DEFINITE SENTENCE OR MAXIMUM DEFINITE SENTENCE
 OF IMPRISONMENT THAT IS IMPOSED, OR HAS BEEN IMPOSED, OR MAY BE  IMPOSED
 AFTER  ENACTMENT  OF  THIS  SUBDIVISION, FOR A MISDEMEANOR CONVICTION IN
 THIS STATE, SUCH PHRASE SHALL MEAN, BE INTERPRETED  AND  BE  APPLIED  AS
 THREE HUNDRED SIXTY-FOUR DAYS.
   (B) THE AMENDATORY PROVISIONS OF THIS SUBDIVISION ARE AMELIORATIVE AND
 SHALL  APPLY  TO  ALL  PERSONS WHO ARE SENTENCED BEFORE, ON OR AFTER THE
 EFFECTIVE DATE OF THIS SUBDIVISION, FOR A CRIME COMMITTED BEFORE, ON  OR
 AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   (C)  ANY  SENTENCE  FOR  A MISDEMEANOR CONVICTION IMPOSED PRIOR TO THE
 EFFECTIVE DATE OF THIS SUBDIVISION THAT IS A DEFINITE SENTENCE OF IMPRI-
 SONMENT OF ONE YEAR, OR THREE HUNDRED SIXTY-FIVE DAYS, SHALL, BY  OPERA-
 TION  OF  LAW,  BE  CHANGED TO, MEAN AND BE INTERPRETED AND APPLIED AS A
 SENTENCE OF THREE HUNDRED SIXTY-FOUR DAYS.  IN  ADDITION  TO  ANY  OTHER
 RIGHT OF A PERSON TO OBTAIN A RECORD OF A PROCEEDING AGAINST HIM OR HER,
 A  PERSON  SO  SENTENCED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION
 SHALL BE ENTITLED TO OBTAIN, FROM THE CRIMINAL COURT OR THE CLERK THERE-
 OF, A CERTIFICATE OF CONVICTION, AS  DESCRIBED  IN  SUBDIVISION  ONE  OF
 SECTION 60.60 OF THE CRIMINAL PROCEDURE LAW, SETTING FORTH SUCH SENTENCE
 AS THE SENTENCE SPECIFIED IN THIS PARAGRAPH.
   § 3. This act shall take effect immediately.

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Senate Bill S4294

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S4294 (ACTIVE) - Details

2017-S4294 (ACTIVE) - Summary

2017-S4294 (ACTIVE) - Sponsor Memo

2017-S4294 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4294

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S4294 (ACTIVE) - Details

2017-S4294 (ACTIVE) - Summary

2017-S4294 (ACTIVE) - Sponsor Memo

2017-S4294 (ACTIVE) - Bill Text download pdf

Comments