Bill Text: NY A03551 | 2021-2022 | General Assembly | Introduced

New York Assembly Bill 3551 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced - Dead) 2022-05-03 - held for consideration in codes [A03551 Detail]

Download: New_York-2021-A03551-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          3551

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2021
                                       ___________

        Introduced by M. of A. HAWLEY, DeSTEFANO, J. M. GIGLIO, MORINELLO, SALKA
          --  Multi-Sponsored  by  -- M. of A. DiPIETRO, FRIEND -- read once and
          referred 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:

     1    Section 1. Subdivision 2 of section 85.00 of the penal law,  as  added
     2  by  chapter 477 of the laws of 1970, paragraph (a) as amended by chapter
     3  277 of the laws of 1973, is amended to read as follows:
     4    2. Authorization for use of sentence. The court may impose a  sentence
     5  of intermittent imprisonment in any case where:
     6    (a)  the court is imposing sentence, upon a person other than a second
     7  or persistent felony offender, for a class D or class E  felony  or  for
     8  any offense that is not a felony; [and]
     9    (b)  the court is not imposing any other sentence of imprisonment upon
    10  the defendant at the same time; [and]
    11    (c) the defendant is not under any other sentence of imprisonment with
    12  a term in excess of fifteen days imposed by any other court; and
    13    (d) the court is not imposing a sentence for a sex offense pursuant to
    14  article one hundred thirty of this chapter.
    15    § 2. This act shall take effect on the first of November next succeed-
    16  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.
                                                                   LBD02048-01-1