What's happening
This bill prohibits courts from imposing intermittent imprisonment sentences for sex offenses under article 130 of the penal law.
Why it matters
Closes a legal loophole. by ensuring that individuals convicted of sex offenses under Article 130 (which includes crimes like rape, sexual abuse, and related acts) cannot receive intermittent imprisonment—a form of sentence where offenders serve time in intervals (such as weekends), allowing them to remain in the community between jail periods.
Signals a tougher stance on sexual offenses. by mandating that those convicted face continuous incarceration, potentially increasing the deterrent effect and emphasizing the seriousness with which the justice system treats these crimes.
Impacts sentencing options for judges. , removing their discretion to assign less restrictive, flexible sentences for sex offenses, which could lead to longer or more disruptive incarcerations for convicted individuals and may affect plea negotiations and case outcomes.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Judges handling criminal sentencing
The bill would bar them from imposing intermittent imprisonment for sex offenses under Penal Law Article 130.
Defendants sentenced for Article 130 sex offenses
Those otherwise eligible for intermittent imprisonment would lose that sentencing option.
Criminal defense attorneys
They could no longer seek intermittent imprisonment for clients being sentenced for Article 130 sex offenses.
District attorneys
The bill would remove intermittent imprisonment from the available sentencing options in Article 130 sex offense cases.
Headline styles
Ban Weekend Jail for Sex Offenses
Plain English, a few words. Used as the page title.
Sponsors
3 Multi-sponsors
History
- Held for consideration in codes
- 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.
No Split Sentences for Sex Offenses
In Senate Committee · Codes · Sponsor Robert Ortt
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1596
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
Introduced by M. of A. HAWLEY, GIGLIO, LAWRENCE, MORINELLO -- Multi- Sponsored by -- M. of A. CROUCH, DiPIETRO -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to sentences of intermittent imprisonment for sexual offenses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 85.00 of the penal law, as added by chapter 477 of the laws of 1970, paragraph (a) as amended by chapter 277 of the laws of 1973, is amended to read as follows:
2. Authorization for use of sentence. The court may impose a sentence of intermittent imprisonment in any case where:
(a) the court is imposing sentence, upon a person other than a second or persistent felony offender, for a class D or class E felony or for any offense that is not a felony; [and]
(b) the court is not imposing any other sentence of imprisonment upon the defendant at the same time; [and]
(c) the defendant is not under any other sentence of imprisonment with a term in excess of fifteen days imposed by any other court; and
(d) the court is not imposing a sentence for a sex offense pursuant to article one hundred thirty of this chapter.
§ 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.
LBD02366-01-9
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.