What's happening
This bill reduces the maximum sentence for misdemeanors in New York from one year to 364 days, including retroactively.
Why it matters
Reduces immigration consequences. By changing the maximum misdemeanor sentence from one year to 364 days, the bill shields non-citizens from mandatory deportation under federal immigration law, which treats a one-year sentence as an “aggravated felony.” This seemingly small change can prevent harsh immigration penalties for minor offenses.
Retroactive relief for past convictions. The bill applies retroactively, meaning anyone previously sentenced to a one-year misdemeanor will have their sentence legally changed to 364 days. This could help individuals currently facing immigration consequences or other collateral effects due to their old sentence length.
Uniformity and clarity across laws. The amendment ensures that any New York law referencing a “one year” misdemeanor sentence is interpreted as 364 days, preventing confusion and ensuring consistent application across all state statutes and ordinances.
Easier proof for affected individuals. Those with past one-year misdemeanor sentences are entitled to official documentation (a certificate of conviction) reflecting the revised sentence, making it easier to demonstrate their eligibility for relief in immigration or other legal proceedings.
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Shorten Misdemeanor Jail Sentences
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Shorten Misdemeanor Jail Sentences
Assembly Floor Calendar · Sponsor Marcos Crespo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4294
2017-2018 Regular Sessions
IN SENATE
February 8, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to reducing certain sentences of imprisonment for misdemeanors to three hundred sixty-four days
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 3 of section 70.15 of the penal law, subdivision 1 as amended by chapter 291 of the laws of 1993, are amended to read as follows:
1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed [one year] three hundred sixty-four days; provided, however, that a sentence of imprisonment imposed upon a conviction of criminal possession of a weapon in the fourth degree as defined in subdivision one of section 265.01 must be for a period of no less than [one year] three hundred sixty-four days when the conviction was the result of a plea of guilty entered in satisfaction of an indictment or any count thereof charging the defendant with the class D violent felony offense of criminal possession of a weapon in the third degree as defined in subdivision four of section 265.02, except that the court may impose any other sentence authorized by law upon a person who has not been previously convicted in the five years immediately preceding the commission of the offense for a felony or a class A misdemeanor defined in this chapter, if the court having regard to the nature and circumstances of the crime and to the history and character of the defendant, finds on the record that such sentence would be unduly harsh and that the alternative sentence would be consistent with public safety and does not deprecate the seriousness of the crime.
3. Unclassified misdemeanor. A sentence of imprisonment for an unclassified misdemeanor shall be a definite sentence. When such a sentence is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09671-01-7
S. 4294 2
imposed the term shall be fixed by the court, and shall be in accordance with the sentence specified in the law or ordinance that defines the crime but, in any event, it shall not exceed three hundred sixty-four days.
§ 2. Section 70.15 of the penal law is amended by adding a new subdivision 1-a to read as follows:
1-a. (a) Notwithstanding the provisions of any other law, whenever the phrase "one year" or "three hundred sixty-five days" or "365 days" or any similar phrase appears in any provision of this chapter or any other law in reference to the definite sentence or maximum definite sentence of imprisonment that is imposed, or has been imposed, or may be imposed after enactment of this subdivision, for a misdemeanor conviction in this state, such phrase shall mean, be interpreted and be applied as three hundred sixty-four days.
(b) The amendatory provisions of this subdivision are ameliorative and shall apply to all persons who are sentenced before, on or after the effective date of this subdivision, for a crime committed before, on or after the effective date of this subdivision.
(c) Any sentence for a misdemeanor conviction imposed prior to the effective date of this subdivision that is a definite sentence of imprisonment of one year, or three hundred sixty-five days, shall, by operation of law, be changed to, mean and be interpreted and applied as a sentence of three hundred sixty-four days. In addition to any other right of a person to obtain a record of a proceeding against him or her, a person so sentenced prior to the effective date of this subdivision shall be entitled to obtain, from the criminal court or the clerk thereof, a certificate of conviction, as described in subdivision one of section 60.60 of the criminal procedure law, setting forth such sentence as the sentence specified in this paragraph.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to reducing certain sentences of imprisonment for misdemeanors to three hundred sixty-four days
Purpose or general idea of the bill
Reduces the maximum sentence for misdemeanor offenses from one year to three hundred sixty-four days.
Summary of specific provisions
Bill section one amends subdivisions 1 of section 70.15 of the Penal Law to reduce by one day, from one year (365 days) to 364 days, the maximum definite sentence of imprisonment that may be imposed for a misdemeanor conviction. A conforming change is made to PL § 70.15 (3), to extend that one day reduction to provisions of law outside the Penal Law that otherwise authorize a misdemeanor sentence of up to one year imprisonment.
Bill section two adds a new subdivision 1-a to Penal Law § 70.15. This subdivision extends this one day reduction to misdemeanor sentences of one year imposed before, on or after the effective date of the bill. The change will occur by operation of law; any person sentenced to a period of one year under the former provisions of law would be able to obtain an updated certificate of conviction from the court setting forth such amended sentence.
Bill section three provides that the bill will take effect immediately.
Justification
Because of the way New York's Penal Law interacts with federal immigration law, non-citizens, including lawful permanent residents, with recent or long-past criminal charges sometimes face unexpected and unduly harsh immigration consequences. One significant concern arises because the maximum potential sentence of imprisonment for conviction of a Class A misdemeanor in New York is one year imprisonment.
Under federal immigration law, the potential for a one year sentence can trigger deportation proceedings and removal from the United States in many circumstances, even when the person spent no time in jail at all.
Further, an actual sentence of one year in jail for a misdemeanor conviction serves to disqualify New Yorkers in some vulnerable populations from consideration for certain protections, such as asylum (based on a well-founded fear of persecution in the foreign country) and protection from domestic violence.
Such a sentence also divests immigration judges, in certain cases, of discretion to consider circumstances that may militate against deportation, such as long-term residence in the U.S., past military service, and others.
Unnecessary deportations adversely affect the financial and social systems in New York. When New Yorkers - many of whom have been green card holders for decades - are deported for lesser crimes and denied consideration for immigration relief, families may become dependent on social services and safety net assistance, children may have to forego education, tax revenues decrease, and employers may experience significant difficulties due to a loss of qualified workers.
New York is home to one of the most diverse populations in the country. More than twenty percent of New Yorkers are foreign born. Throughout New York's history, immigrant populations have contributed immensely to the economy and the cultural fabric of this state. Rigid immigration consequences in the law should not be countenanced. The modest change in this legislation will assure appropriate discretion for federal immigration authorities in certain matters, and help protect this group of non-citizens from arbitrary deportation and the denial of consideration of individual circumstances.
Prior legislative history
A. 9857 (2016) (Crespo)
Fiscal implications for state and local government
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.