S 2335: Relates to disallowing sentences of intermittent imprisonment when the court is imposing a sentence for a sex offense.

  
  STATE OF NEW YORK ________________________________________________________________________ 2335 2025-2026 Regular Sessions  IN SENATE January 16, 2025 ___________ Introduced by Sen. ORTT -- 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 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. LBD00999-01-5