What's happening
This bill prohibits courts from sentencing offenders convicted of sex offenses under article 130 to intermittent imprisonment.
Why it matters
Closes a potential loophole for sex offense sentencing. By explicitly prohibiting intermittent imprisonment for convictions under article 130 (sex offenses), the bill ensures that people convicted of these crimes cannot serve their sentences in short stints (like weekends), which could otherwise allow them more freedom compared to continuous incarceration.
Signals a legislative judgment on the seriousness of sex offenses. The amendment treats sex offenses as requiring stricter punishment than other class D or E felonies or misdemeanors, reflecting an intent to keep convicted offenders in jail without interruption.
Could affect plea negotiations and judicial discretion. Judges would lose the option to offer intermittent sentences in these cases, possibly leading to longer or more severe sentences, and narrowing the sentencing options available during plea bargaining for sex-related crimes.
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Who cares
Headline styles
No Split Sentences for Sex Offenses
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
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.
Ban Weekend Jail for Sex Offenses
In Assembly Committee · Codes · Sponsor Stephen Hawley
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
684
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ORTT -- 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 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to sentences of intermittent imprisonment for sexual offenses
Purpose
This legislation would prohibit an individual convicted of a sex offense from being eligible for intermittent sentences.
Summary of provisions
Section 1 amends Subdivision 2 of section 85.00 of the penal law as it relates to intermittent imprisonment. Specifically it would disqualify an individual from intermittent sentences if sentence is being imposed for a sex offense.
Section 2 is the effective date.
Justification
Intermittent imprisonment is used usually for offenses of misdemeanors and lower level felonies. This carve out does allow individuals convicted of sexual offenses to be eligible for intermittent sentences and this is deplorable. Recently, a man in Wayne county was convicted of sexually abusing a woman while locking her 99 year old mother in a bath- room. This individual was sentenced to spend weekends in jail for four months. While the total amount of time the individual was sentenced to spend in jail already is minimal the fact that he can be out during the week and only have to serve on the weekends is offensive. Convicted sex offenders should have no right to intermittent sentences so that they can be out any sooner than if they had served their time consecutively.
Legislative history
2017-2018: S.1211 passed Senate
Fiscal implications
None.
Effective date
This act shall take effect November 1st next succeeding.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.