New York A 2445: Relates to establishing a housing task force to address affordable housing for millennials

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A02445 Summary:

BILL NOA02445 

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SAME ASNo Same As

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SPONSORCruz

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COSPNSR

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MLTSPNSR

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Amd §440.20, CP L

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Authorizes courts to reduce or modify sentences upon a motion for certain individuals convicted of a felony in which the sentence is greater than necessary to achieve the purpose of sentencing.

Go to top A02445 Actions:

BILL NOA02445 

&nbsp

01/17/2025referred to codes

01/07/2026referred to codes

Go to topA02445 Committee&nbspVotes:

Go to topA02445 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02445 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2445

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 17, 2025
 ___________

 Introduced by M. of A. CRUZ -- read once and referred to the Committee
 on Codes

 AN ACT to amend the criminal procedure law, in relation to authorizing
 courts to reduce or modify sentences for certain individuals when such
 sentence is deemed excessive

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 440.20 of the criminal procedure law is amended by
 2 adding a new subdivision 5 to read as follows:
 3 5. (a) Upon motion of an eligible individual, the court in which judg-
 4 ment was entered may reduce or modify the sentence on the ground that
 5 such sentence is greater than necessary to achieve the purposes of
 6 sentencing. Subdivision two of this section shall not apply to a motion
 7 brought under this subdivision.
 8 (b) An individual shall be eligible for relief under this subdivision
 9 when such individual:
 10 (i) has been convicted, either by plea or verdict, of a felony
 11 offense; or
 12 (ii) has appealed a judgment or sentence that is the subject of relief
 13 pursuant to this section. Nothing in this subparagraph shall be
 14 construed to require that the defendant has taken a direct appeal in
 15 order to be eligible for relief pursuant to this section.
 16 (c) Notwithstanding the provisions of paragraph (b) of this subdivi-
 17 sion, an otherwise ineligible individual shall be deemed eligible upon
 18 consent of the district attorney.
 19 (d) An individual who is serving the minimum sentence permitted under
 20 the penal law shall not be eligible under this subdivision.
 21 (e) A motion brought pursuant to this subdivision shall be referred
 22 for determination to the judge or justice who imposed the original
 23 sentence upon such individual. If, at the time of the application, the
 24 original sentencing judge or justice is no longer a judge or justice of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06135-01-5

 A. 2445 2

 1 a court of competent jurisdiction, then the application shall be
 2 assigned to another judge or justice of the court by the administrative
 3 judge of the applicable court.
 4 (f) In deciding the motion, the court shall consider the principles of
 5 rehabilitation, punishment and deterrence, the rehabilitation demon-
 6 strated by the defendant, and the promotion of the individual's success-
 7 ful reentry and reintegration into society, as well as public safety.
 8 The court may consider any facts or circumstances relevant to the impo-
 9 sition of a new sentence that are submitted by such individual or the
 10 district attorney, including, but not limited to:
 11 (i) age, personal circumstances, and medical condition, including
 12 conditions that existed at the time of the original sentencing;
 13 (ii) the defendant's institutional record of confinement;
 14 (iii) whether the individual has availed themself of educational,
 15 therapeutic, and vocational opportunities while imprisoned; and
 16 (iv) any statistical evidence demonstrating excessiveness in compar-
 17 ison to other sentences of individuals for the same crime.
 18 (g) The court shall not order a new pre-sentence investigation and
 19 report. The court shall offer the defendant an opportunity for a hear-
 20 ing. If the court finds that the sentence is greater than necessary to
 21 achieve the purposes of sentencing, the court shall grant the motion and
 22 enter an order modifying the sentence to any lesser authorized term of
 23 imprisonment