New York A 5964: Relates to sentences of imprisonment for misdemeanors

Bill Text

STATE OF NEW YORK
        ________________________________________________________________________
                                          5964
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2019
                                       ___________
        Introduced by M. of A. CRESPO -- read once and referred to the Committee
          on Codes
        AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
          relation to reducing certain sentences of imprisonment  for  misdemea-
          nors to three hundred sixty-four days
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 1 and 3 of section 70.15  of  the  penal  law,
     2  subdivision 1 as amended by chapter 291 of the laws of 1993, are amended
     3  to read as follows:
     4    1.  Class  A  misdemeanor.  A  sentence  of imprisonment for a class A
     5  misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
     6  imposed  the term shall be fixed by the court, and shall not exceed [one
     7  year; provided, however, that a sentence of imprisonment imposed upon  a
     8  conviction  of  criminal  possession of a weapon in the fourth degree as
     9  defined in subdivision one of section 265.01 must be for a period of  no
    10  less than one year when the conviction was the result of a plea of guil-
    11  ty  entered in satisfaction of an indictment or any count thereof charg-
    12  ing the defendant with the class D violent felony  offense  of  criminal
    13  possession  of  a  weapon  in the third degree as defined in subdivision
    14  four of section 265.02, except that  the  court  may  impose  any  other
    15  sentence  authorized  by  law  upon a person who has not been previously
    16  convicted in the five years immediately preceding the commission of  the
    17  offense  for  a felony or a class A misdemeanor defined in this chapter,
    18  if the court having regard to the nature and circumstances of the  crime
    19  and  to  the history and character of the defendant, finds on the record
    20  that such sentence would  be  unduly  harsh  and  that  the  alternative
    21  sentence  would  be consistent with public safety and does not deprecate
    22  ] .the seriousness of the crimethree hundred sixty-four days
    23    3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
    24  sified misdemeanor shall be a definite sentence. When such a sentence is
         EXPLANATION--Matter in  (underscored) is new; matter in bracketsitalics
                              [] is old law to be omitted. 
                                                                   LBD05291-07-9

        A. 5964                             2
     1  imposed the term shall be fixed by the court, and shall be in accordance
     2  with the sentence specified in the law or  ordinance  that  defines  the
     3  crime  but,  in  any event, it shall not exceed three hundred sixty-four
     4  .days
     5    §  2. Section 70.15 of the penal law is amended by adding a new subdi-
     6  vision 1-a to read as follows:
     7    1-a. (a) Notwithstanding the provisions of any other law, whenever the
     8  phrase "one year" or "three hundred sixty-five days" or  "365  days"  or
     9  any similar phrase appears in any provision of this chapter or any other
    10  law  in  reference to the definite sentence or maximum definite sentence
    11  of imprisonment that is imposed, or has been imposed, or may be  imposed
    12  after  enactment  of  this  subdivision, for a misdemeanor conviction in
    13  this state, such phrase shall mean, be interpreted  and  be  applied  as
    14  three hundred sixty-four days.
    15    (b) The amendatory provisions of this subdivision are ameliorative and
    16  shall  apply  to  all  persons who are sentenced before, on or after the
    17  effective date of this subdivision, for a crime committed before, on  or
    18  after the effective date of this subdivision.
    19    (c)  Any  sentence  for  a misdemeanor conviction imposed prior to the
    20  effective date of this subdivision that is a definite sentence of impri-
    21  sonment of one year, or three hundred sixty-five days, shall, by  opera-
    22  tion  of  law,  be  changed to, mean and be interpreted and applied as a
    23  sentence of three hundred sixty-four days.  In  addition  to  any  other
    24  right of a person to obtain a record of a proceeding against him or her,
    25  a  person  so  sentenced prior to the effective date of this subdivision
    26  shall be entitled to obtain, from the criminal court or the clerk there-
    27  of, a certificate of conviction, as  described  in  subdivision  one  of
    28  section 60.60 of the criminal procedure law, setting forth such senten