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Title of bill
An act to amend the penal law and the criminal procedure law, in relation to sentence for persistent misdemeanor offenders
Summary of provisions
Adds a new section 70.16 to the penal law which defines a persistent misdemeanor offender as a person who stands convicted of a misdemeanor after having previously been convicted of five or more crimes within the last five years (excluding time during which the defendant was incarcerated). When sentencing a persistent misdemeanor offender, the court must impose a definite sentence of imprisonment of no less than thirty days, and may impose any sentence authorized by law other than and in addition to such sentence of imprisonment.
Adds new section 400.14 to the criminal procedure law which addresses the procedure for determining whether a defendant should be sentenced as a persistent misdemeanor offender. The court shall consider the history and character of the defendant and the nature and circumstances of his criminal conduct, as well as the public interest, when determining the length of the definite sentence to be imposed. The court may order a hearing to determine whether a persistent misdemeanor offender sentence should be imposed.
Purpose and justification
Creates a new classification of "persistent misdemeanor offender" for the purposes of sentencing, and prescribes the sentences therefor.
Misdemeanors are serious offenses. Persistent misdemeanor offenders should face strict and mandatory penalties for their illegal behavior. More severe punishment may serve as a deterrent to future criminal activity and will guarantee our citizens that persistent misdemeanor offenses will not be treated lightly.
Prior legislative history
2007-08 - S.2050 - CODES 2005-06 - S.2884 - CODES 2004 - S.2050/A.5842 - CODES/Codes 2002 - S.2616/A.633-A- CODES/Codes 2000 - S.2943/A.1002- RULES/Codes 1999 - S.2943/A.1002- PASSES SENATE/Codes 1998 - S.252/A.173 -CODES/Codes 1996 - S.489/A.3782 - CODES/Codes
Fiscal implications
Undetermined.
Local fiscal implications
Undetermined.
Effective date
First day of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.