STATE OF NEW YORK
________________________________________________________________________
2080
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to mandatory sentencing for a
person found guilty of criminal contempt in the first degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 70.00 of the penal law, as amended
2 by chapter 738 of the laws of 2004, is amended to read as follows:
3 4. Alternative definite sentence for class D and E felonies. (a) When
4 a person, other than a second or persistent felony offender, is
5 sentenced for a class D or class E felony, and the court, having regard
6 to the nature and circumstances of the crime and to the history and
7 character of the defendant, is of the opinion that a sentence of impri-
8 sonment is necessary but that it would be unduly harsh to impose an
9 indeterminate or determinate sentence, the court may impose a definite
10 sentence of imprisonment and fix a term of one year or less. Provided,
11 however, when a person is found guilty of violating paragraph (v) of
12 subdivision (b) of section 215.51 of this chapter, the court shall
13 impose a definite sentence of imprisonment of one year and the person
14 shall serve the entirety of such sentence.
15 (b) Each violation of paragraph (v) of subdivision (b) of section
16 215.51 of this chapter shall subject a person to a new, separate defi-
17 nite sentence of imprisonment of one year. Sentences for each violation
18 shall not run concurrently.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06966-01-1
