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S03841 Summary:

Amd §70.25, Pen L
Permits consecutive sentencing for homicide convictions where there are multiple victims and the defendant was on parole or probation at the time of the crime.
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S03841 Actions:

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S03841 Memo:

Memo not available
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S03841 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                    January 31, 2021
        Introduced  by  Sen.  SERINO -- 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 consecutive sentencing for
          certain convictions
          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 70.25 of the penal law, as amended
     2  by chapter 56 of the laws of 1984, is amended to read as follows:
     3    2.  When more than one sentence of imprisonment is imposed on a person
     4  for two or more offenses committed through a single act or omission,  or
     5  through  an  act  or  omission  which  in  itself constituted one of the
     6  offenses and also was a material element of the  other,  the  sentences,
     7  except  if  one  or more of such sentences is for a violation of section
     8  270.20 of this chapter, must run concurrently. Provided however  that  a
     9  sentence  may  run  consecutively if (a) the person was under supervised
    10  release, conditional release, probation, or parole at the  time  of  the
    11  act;  and  (b)  there  were  multiple victims who each sustained serious
    12  physical injury or death; and (c) if one or more of  such  sentences  is
    13  for a conviction under article one hundred twenty-five of this chapter.
    14    § 2. This act shall take effect on the first of November next succeed-
    15  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.
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