Senate Bill S862

2023-2024 Legislative Session

Relates to disallowing sentences of intermittent imprisonment when the court is imposing a sentence for a sex offense

download bill text pdf

Sponsored By

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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2023-S862 (ACTIVE) - Details

See Assembly Version of this Bill:
A1841
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §85.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S1211, A6929
2019-2020: S684, A1596
2021-2022: S3609, A3551

2023-S862 (ACTIVE) - Summary

Relates to disallowing sentences of intermittent imprisonment when the court is imposing a sentence for a sex offense.

2023-S862 (ACTIVE) - Sponsor Memo

2023-S862 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    862
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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 sentences of  intermittent
   imprisonment for sexual offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 85.00 of the penal law,  as  added
 by  chapter 477 of the laws of 1970, paragraph (a) as amended by chapter
 277 of the laws of 1973, is amended to read as follows:
   2. Authorization for use of sentence. The court may impose a  sentence
 of intermittent imprisonment in any case where:
   (a)  the court is imposing sentence, upon a person other than a second
 or persistent felony offender, for a class D or class E  felony  or  for
 any offense that is not a felony; [and]
   (b)  the court is not imposing any other sentence of imprisonment upon
 the defendant at the same time; [and]
   (c) the defendant is not under any other sentence of imprisonment with
 a term in excess of fifteen days imposed by any other court; and
   (D) THE COURT IS NOT IMPOSING A SENTENCE FOR A SEX OFFENSE PURSUANT TO
 ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER.
   § 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.
                                                            LBD00385-01-3

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