Bill S4436A-2011

Relates to concurrent and consecutive terms of imprisonment

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

Details

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

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: 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
Absent (1): Parker

Memo

BILL NUMBER:S4436A

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, or any employee of a local correctional facility.

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, or any employee of a local correctional facility.

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 or employees of a local correctional facility. 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4436--A 2011-2012 Regular Sessions IN 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.

Discuss!

blog comments powered by Disqus