Bill S7482-2013

Authorizes the imposition of consecutive sentences of imprisonment for multiple convictions of assault and/or homicide offenses against more than one person

Authorizes the imposition of consecutive sentences of imprisonment for multiple convictions of assault and/or homicide offenses against more than one person.

Details

Actions

  • Jun 18, 2014: referred to codes
  • Jun 18, 2014: DELIVERED TO ASSEMBLY
  • Jun 18, 2014: PASSED SENATE
  • Jun 18, 2014: ORDERED TO THIRD READING CAL.1516
  • Jun 18, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 15, 2014: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 18, 2014
Ayes (19): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Krueger
Ayes W/R (3): Hassell-Thompson, Parker, Gianaris
Nays (2): Montgomery, Perkins
Excused (1): Espaillat

Memo

BILL NUMBER:S7482

TITLE OF BILL: An act to amend the penal law, in relation to sentences of imprisonment for one or more convictions of assault and homicide offenses

PURPOSE: Authorizes the imposition of consecutive sentences of imprisonment for multiple convictions of assault and/or homicide offenses against more than one person.

SUMMARY OF PROVISIONS:

Section One - amends Subdivision 2 of section 70.25 of the penal law to state that if two or more of the sentences are for violation of articles one hundred twenty and/or one hundred twenty-five of this chapter and a separate person is the victim of each offense.

Section Two - state this act shall take effect on the first of November next succeeding the date on which it shall become law.

JUSTIFICATION: According to the Poughkeepsie Journal, a rush hour police chase in Poughkeepsie, NY ended on impact, as a car weaving in and out of traffic to evade the police, ran a red light, and slammed into a car. In the car were two children and their parents, the car accident resulted in the death of both parents.

The defendant was charged with two counts of manslaughter, each carrying a maximum sentence of 7 to 15 years in state prison. Due to the current law, the Judge in the case was mandated to sentence the defendant to concurrent terms, meaning even though the defendant took two lives with their actions, they were sentenced to only serve one term.

This legislation will authorize a Judge the option to impose consecutive sentences of imprisonment for multiple convictions of assault and/or homicide offenses against more than one person.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7482 IN SENATE May 15, 2014 ___________
Introduced by Sen. BALL -- 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 imprisonment for one or more convictions of assault and homicide 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 70.25 of the penal law, as amended by chapter 56 of the laws of 1984, is amended to read as follows: 2. When more than one sentence of imprisonment is imposed on a person for two or more offenses committed through a single act or omission, or through an act or omission which in itself constituted one of the offenses and also was a material element of the other, the sentences, except if one or more of such sentences is for a violation of section 270.20 of this chapter OR IF TWO OR MORE OF THE SENTENCES ARE FOR VIOLATIONS OF ARTICLES ONE HUNDRED TWENTY AND/OR ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER AND A SEPARATE PERSON IS THE VICTIM OF EACH OFFENSE, must run concurrently. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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