S4436A-2011 - NY Senate Open Legislation - Relates to concurrent and consecutive terms of imprisonment

Relates to concurrent and consecutive terms of imprisonment; requires concurrent sentences for crimes against correctional employees.

Sponsor: SALAND / Co-sponsor(s): O'MARA / Committee: CODES
Law Section: Penal Law / Law: Amd S70.25, Pen L

S4436A-2011 Actions

May 15, 2012: referred to codes
May 15, 2012: DELIVERED TO ASSEMBLY
May 15, 2012: PASSED SENATE
May 14, 2012: ADVANCED TO THIRD READING
May 9, 2012: 2ND REPORT CAL.
May 8, 2012: 1ST REPORT CAL.707
Jan 4, 2012: REFERRED TO CODES
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 15, 2011: referred to codes
Jun 15, 2011: DELIVERED TO ASSEMBLY
Jun 15, 2011: PASSED SENATE
May 9, 2011: ADVANCED TO THIRD READING
May 4, 2011: 2ND REPORT CAL.
May 3, 2011: 1ST REPORT CAL.430
Apr 12, 2011: PRINT NUMBER 4436A
Apr 12, 2011: AMEND AND RECOMMIT TO CODES
Apr 5, 2011: REFERRED TO CODES

S4436A-2011 Meetings

Codes: May 3, 2011, Codes: May 8, 2012

S4436A-2011 Calendars

S4436A-2011 Votes

VOTE: COMMITTEE VOTE: - Codes - May 3, 2011

Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Perkins, Squadron, Espaillat
Ayes W/R (1): Duane
Nays (1): Parker

VOTE: FLOOR VOTE: - Jun 15, 2011

Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (4): Duane, Montgomery, Parker, Perkins

VOTE: COMMITTEE VOTE: - Codes - May 8, 2012

Ayes (13): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Squadron, Espaillat
Ayes W/R (1): Duane
Nays (1): Perkins

VOTE: FLOOR VOTE: - May 15, 2012

Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (3): Duane, Montgomery, Perkins
Excused (1): Marcellino

S4436A-2011 Memo

BILL NUMBER:S4436

TITLE OF BILL:
An act
to amend the penal law, in relation to concurrent and consecutive terms
of imprisonment

PURPOSE:
This bill would punish repeat offenders by mandating consecutive
sentences for any crime against an employee of the Department of
Correctional Services.

SUMMARY OF PROVISIONS:
Section one amends Section 70.25 of the Penal Law by adding a new
subdivision, 2-h, requiring the courts to impose consecutive
sentences for each act against employee of the Department of
Correctional Services.

Section two renders the act applicable to all convictions rendered on
or after the immediate effective date.

EXISTING LAW:
Does not mandate consecutive sentences.

JUSTIFICATION:
Under current law, it is possible for a judge to issue concurrent
sentences for multiple counts arising from separate and distinct
acts against employees of the Department of Corrections. This
legislation would require that the sentences on crimes committed
against Department of Corrections personnel by current inmates run
consecutively with regard to any convictions such an offender is
serving.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S4436A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4436--A
 2011-2012 Regular Sessions
 I N  SENATE
 April 5, 2011
 
 Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
 printed to be  committed  to  the  Committee  on  Codes  --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 

AN ACT to amend the penal law, in relation to concurrent and consecutive
 terms of imprisonment
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 70.25 of the penal law is amended by adding  a  new
 subdivision 2-h to read as follows:

 2-H.  WHENEVER A PERSON IS CONVICTED OF ANY CRIME IN VIOLATION OF THIS
 CHAPTER, COMMITTED AGAINST ANY EMPLOYEE OF THE DEPARTMENT OF CORRECTION
 AL SERVICES OR ANY EMPLOYEE OF A LOCAL CORRECTIONAL FACILITY,  THEN  ANY
 TERMS  OF  IMPRISONMENT  WHICH  MAY  BE  IMPOSED AS A SENTENCE UPON SUCH
 CONVICTIONS SHALL RUN CONSECUTIVELY TO  EACH  OTHER  AND  TO  ANY  OTHER
 UNDISCHARGED TERM OF IMPRISONMENT TO WHICH THE DEFENDANT WAS SUBJECT AND
 FOR WHICH HE OR SHE MAY BE CONFINED AT THE TIME OF SENTENCING.
 

S  2.  This  act  shall take effect immediately and shall apply to all
 convictions rendered on or after such effective date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10599-02-1

S4436A-2011: Relates to concurrent and consecutive terms of imprisonment