NY State Senate Bill 2023-S5820

Senate Bill S5820

2023-2024 Legislative Session

Authorizes the court to order sexual offenders on probation to terms of imprisonment which run consecutively to sentences already being served

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Mar 17, 2023	referred to codes

2023-S5820 (ACTIVE) - Details

See Assembly Version of this Bill:: A3293
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §60.01, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2277
2011-2012: A2246
2013-2014: A3047
2015-2016: A7131
2017-2018: A4524
2019-2020: A5755
2021-2022: A4316

2023-S5820 (ACTIVE) - Summary

Authorizes the court to order sexual offenders on probation, where such probation has been revoked, to terms of imprisonment which run consecutively to sentences already being served.

2023-S5820 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5820

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to consecutive sentences for
sexual offenders on probation

 
PURPOSE:

This bill increases the time served by those sex offenders who reoffend
while on probation by perpetrating new sex crimes of the same kind for
which the original sentence was imposed.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the penal law to require courts to impose consecutive
sentences when persons on probation for certain sexual offenses (as
defined in Article 130 or an offense under sections 255.25, 263.05,
263.10 or 263.15) and violates the terms of that probation by committing
a new crime for one of the same sexual offenses.

Section 2 establishes the effective date.

 
JUSTIFICATION:

Those who committee sexual offenses against children and their own rela-
tives are eligible for probation under the current law in place of
confinement. When such persons break the terms of their probation by
repeating the same sort of sexual offenses, the normal rule for adding
the new charge to serve concurrently with the old charge is not an
appropriate response. Moreover, recidivism rates remain high for such
offenders, which necessitates the amendments to the law as proposed in
this bill.

 
LEGISLATIVE HISTORY:

2011-2012: S.487 PASSED SENATE

2009-2010: S.623 REFERRED TO CODES

2007-2008: S.1696 PASSED SENATE

2005-2006: S.1619 PASSED SENATE

2003-2004: S.1206 PASSED SENATE

2001-2002: S.873 REFERRED TO CODES

1999-2000: S.6456 REFERRED TO CODES

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the first of November after the date of
passage into law.

2023-S5820 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5820
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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 consecutive sentences  for
   sexual offenders on probation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 4 of section 60.01 of the penal law, as amended
 by chapter 548 of the laws of 1984, is amended to read as follows:
   4. In any case where a person  has  been  sentenced  to  a  period  of
 probation  imposed pursuant to section 65.00 of this [chapter] TITLE, if
 the part of the sentence that provides for  probation  is  revoked,  the
 court  must  sentence  such person to imprisonment or to the sentence of
 imprisonment and probation as provided for in paragraph (d) of  subdivi-
 sion  two  of  this  section;  PROVIDED, HOWEVER, EVERY SUCH SENTENCE OF
 IMPRISONMENT FOR A PERSON CONVICTED OF AN OFFENSE CONTAINED  IN  ARTICLE
 ONE  HUNDRED THIRTY OF THIS CHAPTER OR SECTION 255.25, 263.05, 263.10 OR
 263.15 OF THIS CHAPTER SHALL RUN CONSECUTIVELY  TO  ANY  OTHER  TERM  OF
 IMPRISONMENT IMPOSED FOR ANOTHER SUCH OFFENSE BY A COURT OF THIS STATE.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04866-01-3

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