Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to codes |
Jun 10, 2021 |
committed to rules |
Feb 01, 2021 |
advanced to third reading |
Jan 26, 2021 |
2nd report cal. |
Jan 25, 2021 |
1st report cal.170 |
Jan 08, 2021 |
referred to codes |
Senate Bill S1280
2021-2022 Legislative Session
Sponsored By
(D) 36th 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
Votes
co-Sponsors
(D) Senate District
(D, WF) Senate District
(D, WF) 25th Senate District
(D, WF) 47th Senate District
2021-S1280 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5687
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §470.15, CP L
- Versions Introduced in 2023-2024 Legislative Session:
-
S938, A153
2021-S1280 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1280 SPONSOR: BAILEY TITLE OF BILL: An act to amend the criminal procedure law, in relation to enabling appellate review of the fairness and appropriateness of an imposed sentence PURPOSE OF BILL: The purpose of the Act is to require the court to modify sentences that are determined to be illegal or unduly harsh or severe. The proposed bill would secure the right of a defendant to seek out a remedy to unjust sentences. By requiring courts to modify sentences that are found to be unjustified, the legislative intent of section 470.15 can be enforced. SUMMARY OF SPECIFIC PROVISIONS: Section (1) amends CPL 470.15 by replacing the term "may" with "shall"
2021-S1280 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1280 2021-2022 Regular Sessions I N S E N A T E January 8, 2021 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to enabling appellate review of the fairness and appropriateness of an imposed sentence THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 2 of section 470.15 of the criminal procedure law is amended to read as follows: (c) Upon a determination that a sentence imposed upon a valid conviction is illegal or unduly harsh or severe, the court [may] SHALL, NOTWITHSTANDING AN OTHERWISE ENFORCEABLE WAIVER OF APPEAL, modify the judgment by reversing it with respect to the sentence and by otherwise affirming it. § 2. This act shall take effect on the sixtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02761-01-1
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.