STATE OF NEW YORK
________________________________________________________________________
3551
2021-2022 Regular Sessions
IN ASSEMBLY
January 27, 2021
___________
Introduced by M. of A. HAWLEY, DeSTEFANO, J. M. GIGLIO, MORINELLO, SALKA
-- Multi-Sponsored by -- M. of A. DiPIETRO, FRIEND -- 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 Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 85.00 of the penal law, as added
2 by chapter 477 of the laws of 1970, paragraph (a) as amended by chapter
3 277 of the laws of 1973, is amended to read as follows:
4 2. Authorization for use of sentence. The court may impose a sentence
5 of intermittent imprisonment in any case where:
6 (a) the court is imposing sentence, upon a person other than a second
7 or persistent felony offender, for a class D or class E felony or for
8 any offense that is not a felony; [and]
9 (b) the court is not imposing any other sentence of imprisonment upon
10 the defendant at the same time; [and]
11 (c) the defendant is not under any other sentence of imprisonment with
12 a term in excess of fifteen days imposed by any other court; and
13 (d) the court is not imposing a sentence for a sex offense pursuant to
14 article one hundred thirty of this chapter.
15 § 2. This act shall take effect on the first of November next succeed-
16 ing 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.
LBD02048-01-1
