BILL NUMBER: S3511
SPONSOR: BORRELLO
 
TITLE OF BILL:
An act to amend the penal law, in relation to increasing the maximum
sentence of imprisonment for certain misdemeanors to one year; and to
repeal certain provisions of such law relating thereto
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill increases the maximum penalty for class A misdemeanors to one
year.
 
SUMMARY OF PROVISIONS:
Section 1 repeals subdivision 1-a of section 70.15 of the penal law,
which specified that the maximum sentence for almost all class A misde-
meanors would be 364 days.
Section 2 amends section 70.15 of the penal law to specify that the
maximum sentence for a class A misdemeanor shall be one year.
Section 3 provides that the act shall take effective January 1st of the
year following enactment.
 
JUSTIFICATION:
Typically, a judge imposes the maximum sentence for a class A misdemea-
nor when the criminal activity was particularly egregious or when the
criminal plead guilty to a misdemeanor as part of a plea bargain follow-
ing a more serious felony charge. Thus, the imposition of a maximum
sentence typically reflects the most serious criminal activity. For
nearly 200 years, the maximum sentence for a class A misdemeanor in New
York State was one year of imprisonment. In 2019, however, the maximum
sentence for a class A misdemeanor was reduced to 364 days. This
reduction was made specifically to protect immigrants from facing auto-
matic deportation, which otherwise occurs upon a criminal sentence of a
year or more in prison. This statutory change reflected a horrific
public policy of protecting these criminal immigrants from being
deported, thereby enabling these criminals to remain in New York State.
Unfortunately, the data is overwhelming that a significant percentage of
convicted criminals will commit another crime against innocent victims.
Thus, the reduction is the maximum sentence resulted in more criminals
on the streets. of New York and a higher likelihood of more criminal
activity, more dangerous neighborhoods, and more innocent victims. This
legislation restores the one-year maximum sentence for class A misdemea-
nors.
 
LEGISLATIVE HISTORY:
2024: S8337/A8280 Referred to Codes, Committee Consideration-Requested,
Defeated in Codes
 
EFFECTIVE DATE:
The legislation would take effective January 1st after its adoption.

Statutes affected:
S3511: 70.15 penal law, 70.15(1-a) penal law