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A02080 Text:

                STATE OF NEW YORK
                               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.
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