Senate Bill S3340

2017-2018 Legislative Session

Relates to sentencing and resentencing in domestic violence cases

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Sponsored By

Archive: Last Bill Status - Stricken


  • 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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2017-S3340 (ACTIVE) - Details

See Assembly Version of this Bill:
A3110
Law Section:
Penal Law
Laws Affected:
Amd §§60.12 & 70.45, Pen L; add §440.47, amd §§450.90 & 390.50, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5436, A7874
2013-2014: S3337, A4314
2015-2016: S2036, A4409
2019-2020: S1077, A3974

2017-S3340 (ACTIVE) - Summary

Relates to sentencing and resentencing in domestic violence cases.

2017-S3340 (ACTIVE) - Sponsor Memo

2017-S3340 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3340
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sens. BAILEY, ADDABBO, AVELLA, BOYLE, BRESLIN, CARLUCCI,
   COMRIE, DIAZ, DILAN,  GIANARIS,  HAMILTON,  HOYLMAN,  KENNEDY,  KLEIN,
   KRUEGER,   LATIMER,  MONTGOMERY,  PARKER,  PERALTA,  PERKINS,  RIVERA,
   SANDERS, SAVINO, SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to sentencing and resentencing in domestic violence cases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 60.12 of the penal law, as added by  chapter  1  of
 the laws of 1998, is amended to read as follows:
 § 60.12 Authorized disposition; alternative [indeterminate] sentence [of
           imprisonment]; domestic violence cases.
   1. Notwithstanding any other provision of law, where a court is impos-
 ing  sentence  UPON  A  PERSON  pursuant to section 70.00, 70.02 [upon a
 conviction  for  an  offense  enumerated  in  subdivision  one  of  such
 section],  70.06  OR  SUBDIVISION  TWO OR THREE OF SECTION 70.71 OF THIS
 TITLE, other than FOR an offense defined in [article one hundred  thirty
 of  this  chapter]  SECTION  125.26, 125.27, SUBDIVISION FIVE OF SECTION
 125.25, OR ARTICLE 490 OF THIS CHAPTER, OR FOR AN  OFFENSE  WHICH  WOULD
 REQUIRE  SUCH  PERSON  TO REGISTER AS A SEX OFFENDER PURSUANT TO ARTICLE
 SIX-C OF THE CORRECTION LAW, AN ATTEMPT OR CONSPIRACY TO COMMIT ANY SUCH
 OFFENSE, and is  authorized  or  required  pursuant  to  [such  section]
 SECTIONS  70.00,  70.02,  70.06  OR  SUBDIVISION TWO OR THREE OF SECTION
 70.71 OF THIS TITLE to impose a [determinate] sentence  of  imprisonment
 [for  such offense], the court, upon a determination following a hearing
 that (a) AT THE TIME OF THE INSTANT OFFENSE, the defendant was  [the]  A
 victim of DOMESTIC VIOLENCE SUBJECTED TO SUBSTANTIAL physical, sexual or
 psychological  abuse [by the victim or intended victim of such offense,]
 INFLICTED BY A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS  THE  DEFENDANT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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