New York S 7503: Authorizes courts to reduce or modify sentences for certain individuals when such sentence is deemed to be greater than necessary to achieve the purposes of sentencing

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S07503 Summary:

BILL NOS07503 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORCLEARE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §440.20, CP L

&nbsp

Authorizes courts to reduce or modify sentences for certain individuals when such sentence is deemed to be greater than necessary to achieve the purposes of sentencing.

Go to top S07503 Actions:

BILL NOS07503 

&nbsp

04/21/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS07503 Committee&nbspVotes:

Go to topS07503 Floor&nbspVotes:

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

Go to topS07503 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7503

 2025-2026 Regular Sessions

 IN SENATE

 April 21, 2025
 ___________

 Introduced by Sen. CLEARE -- read twice and ordered printed, and when
 printed to be committed 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 to be greater than necessary to achieve the
 purposes of sentencing

 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 is eligible for relief under this subdivision when
 9 such individual:
 10 (i) has been convicted, either by plea or verdict, of a felony offense
 11 and is in the custody of the department of corrections and community
 12 supervision;
 13 (ii) is more than two years away from conditional release at time of
 14 filing the motion;
 15 (iii) was sentenced to an indeterminate term with an aggregate minimum
 16 term of ten years or more or an aggregate determinate term of ten years
 17 or more;
 18 (iv) has served (1) at least one-third of the aggregate minimum term
 19 of an indeterminate sentence or at least one-third of an aggregate
 20 determinate sentence, or (2) where the individual is serving two or more
 21 sentences that run consecutively, the time required to be served for
 22 eligibility under subparagraph (i) of this paragraph or eight and one-
 23 third years, whichever is less;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11713-01-5

 S. 7503 2

 1 (v) is not currently serving a sentence for: an offense defined in
 2 article one hundred twenty-five, one hundred thirty or two hundred
 3 sixty-three of the penal law; or money laundering in support of terror-
 4 ism in the first degree as defined in section 470.24 of the penal law;
 5 or money laundering in support of terrorism in the second degree as
 6 defined in section 470.23 of the penal law; or a felony crime of terror-
 7 ism as defined in article four hundred ninety of the penal law, other
 8 than the crime defined in section 490.20 of such law;
 9 (vi) is not currently serving a sentence for an offense that included
 10 as an element the infliction of serious physical injury; except that
 11 this subparagraph shall not apply when the individual's criminal liabil-
 12 ity for the offense was based solely on the physical actions or conduct
 13 of another pursuant to section 20.00 of the penal law; or
 14 (vii) if defendant has appealed from a judgment or sentence that is
 15 the subject of relief pursuant to this section, such appeal has been
 16 finally determined. Nothing in this subparagraph shall be construed to
 17 require that the defendant has taken a direct appeal in order to be
 18 eligible for relief pursuant to this section.
 19 (c) Notwithstanding the provisions of paragraph (b) of this subdivi-
 20 sion, an otherwise ineligible individual shall be deemed eligible upon
 21 consent of the district attorney.
 22 (d) An individual who is serving the minimum sentence permitted under
 23 the penal law shall not be eligible under this subdivision.
 24 (e) A motion brought pur