N.Y. Penal Law § 60.12: Authorized disposition; alternative sentence; domestic violence cases

§ 60.12 Authorized disposition; alternative sentence; domestic violence

cases.

1. Notwithstanding any other provision of law, where a court is

imposing sentence upon a person pursuant to section 70.00, 70.02, 70.06

or subdivision two or three of section 70.71 of this title, other than

for an offense defined in section 125.26, 125.27, subdivision five of

section 125.25, or article 490 of this chapter, or for an offense which

would require such person to register as a sex offender pursuant to

article six-C of the correction law, an attempt or conspiracy to commit

any such offense, and is authorized or required pursuant to sections

70.00, 70.02, 70.06 or subdivision two or three of section 70.71 of this

title to impose a sentence of imprisonment, the court, upon a

determination following a hearing that (a) at the time of the instant

offense, the defendant was a victim of domestic violence subjected to

substantial physical, sexual or psychological abuse inflicted by a

member of the same family or household as the defendant as such term is

defined in subdivision one of section 530.11 of the criminal procedure

law; (b) such abuse was a significant contributing factor to the

defendant's criminal behavior; (c) having regard for the nature and

circumstances of the crime and the history, character and condition of

the defendant, that a sentence of imprisonment pursuant to section

70.00, 70.02, 70.06 or subdivision two or three of section 70.71 of this

title would be unduly harsh may instead impose a sentence in accordance

with this section.

A court may determine that such abuse constitutes a significant

contributing factor pursuant to paragraph (b) of this subdivision

regardless of whether the defendant raised a defense pursuant to article

thirty-five, article forty, or subdivision one of section 125.25 of this

chapter.

At the hearing to determine whether the defendant should be sentenced

pursuant to this section, the court shall consider oral and written

arguments, take testimony from witnesses offered by either party, and

consider relevant evidence to assist in making its determination.

Reliable hearsay shall be admissible at such hearings.

2. Where a court would otherwise be required to impose a sentence

pursuant to section 70.02 of this title, the court may impose a definite

sentence of imprisonment of one year or less, or probation in accordance

with the provisions of section 65.00 of this title, or may fix a

determinate term of imprisonment as follows:

(a) For a class B felony, the term must be at least one year and must

not exceed five years;

(b) For a class C felony, the term must be at least one year and must

not exceed three and one-half years;

(c) For a class D felony, the term must be at least one year and must

not exceed two years; and

(d) For a class E felony, the term must be one year and must not

exceed one and one-half years.

3. Where a court would otherwise be required to impose a sentence for

a class A felony offense pursuant to section 70.00 of this title, the

court may fix a determinate term of imprisonment of at least five years

and not to exceed fifteen years.

4. Where a court would otherwise be required to impose a sentence for

a class A felony offense pursuant to subparagraph (i) of paragraph (b)

of subdivision two of section 70.71 of this title, the court may fix a

determinate term of imprisonment of at least five years and not to

exceed eight years.

5. Where a court would otherwise be required to impose a sentence for

a class A felony offense pursuant to subparagraph (i) of paragraph (b)

of subdivision three of section 70.71 of this title, the court may fix a

determinate term of imprisonment of at least five years and not to

exceed twelve years.

6. Where a court would otherwise be required to impose a sentence for

a class A felony offense pursuant to subparagraph (ii) of paragraph (b)

of subdivision two of section 70.71 of this title, the court may fix a

determinate term of imprisonment of at least one year and not to exceed

three years.

7. Where a court would otherwise be required to impose a sentence for

a class A felony offense pursuant to subparagraph (ii) of paragraph (b)

of subdivision three of section 70.71 of this title, the court may fix a

determinate term of imprisonment of at least three years and not to

exceed six years.

8. Where a court would otherwise be required to impose a sentence

pursuant to subdivision six of section 70.06 of this title, the court

may fix a term of imprisonment as follows:

(a) For a class B felony, the term must be at least three years and

must not exceed eight years;

(b) For a class C felony, the term must be at least two and one-half

years and must not exceed five years;

(c) For a class D felony, the term must be at least two years and must

not exceed three years;

(d) For a class E felony, the term must be at least one and one-half

years and must not exceed two years.

9. Where a court would otherwise be required to impose a sentence for

a class B, C, D or E felony offense pursuant to section 70.00 of this

title, the court may impose a sentence in accordance with the provisions

of subdivision two of section 70.70 of this title.

10. Except as provided in subdivision seven of this section, where a

court would otherwise be required to impose a sentence pursuant to

subdivision three of section 70.06 of this title, the court may impose a

sentence in accordance with the provisions of subdivision three of

section 70.70 of this title.

11. Where a court would otherwise be required to impose a sentence

pursuant to subdivision three of section 70.06 of this title, where the

prior felony conviction was for a felony offense defined in section

70.02 of this title, the court may impose a sentence in accordance with

the provisions of subdivision four of section 70.70 of this title.