S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4469
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of A. CRESPO, JAFFEE, THIELE, PEOPLES-STOKES, RAMOS,
   ORTIZ, OTIS, DAVILA, CAHILL, NIOU, CARROLL, SIMON, DE LA ROSA, HUNTER,
   TAYLOR, PERRY, KIM, LIFTON, BRONSON,  L. ROSENTHAL,  DICKENS,  ARROYO,
   HEVESI,  D'URSO,  JEAN-PIERRE,  GALEF,  PRETLOW,  SIMOTAS, DINOWITZ --
   Multi-Sponsored by -- M. of A. MAGNARELLI,  ROZIC  --  read  once  and
   referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05291-01-9

 A. 4469                             2
 
 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
 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.