What's happening
The bill requires that prison sentences for certain sexual offenses, when probation is revoked, must be served consecutively.
Why it matters
Significantly increases prison time for certain sexual offenders. By requiring consecutive (rather than concurrent) sentences when probation is revoked, individuals convicted of multiple qualifying sexual offenses will serve full sentences for each offense, resulting in much longer total incarceration.
Removes judicial discretion for concurrent sentences. Judges will no longer have the option to allow sentences to be served at the same time (concurrently) for these offenses after probation is revoked, limiting individualized sentencing based on circumstances.
Targets specific serious offenses. The bill specifically applies to crimes in Article 130 (sexual offenses) and certain offenses related to incest and child pornography, signaling a legislative focus on harsher penalties for crimes involving sexual abuse and exploitation.
Potential impact on plea bargaining and correctional resources. The change may affect how prosecutors and defense attorneys negotiate plea deals, and could increase pressure on correctional facilities and state budgets due to longer periods of incarceration for affected offenders.
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Who cares
Headline styles
Harsher Sentences for Sex Offenders
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History
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Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4524
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
Introduced by M. of A. LAWRENCE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to consecutive sentences for sexual offenders on probation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 60.01 of the penal law, as amended by chapter 548 of the laws of 1984, is amended to read as follows:
4. In any case where a person has been sentenced to a period of probation imposed pursuant to section 65.00 of this chapter, if the part of the sentence that provides for probation is revoked, the court must sentence such person to imprisonment or to the sentence of imprisonment and probation as provided for in paragraph (d) of subdivision two of this section; provided, however, every such sentence of imprisonment for a person convicted of an offense contained in article one hundred thirty of this chapter or section 255.25, 263.05, 263.10 or 263.15 of this chapter shall run consecutively to any other term of imprisonment imposed for another such offense by a court of this state.
§ 2. This act shall take effect on the first of November next succeeding 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.
LBD05730-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.