2022 Annual Update

NYSentencing 2022 is online.

Table of Updates Based on Laws of 2021

Effective Chapter Description
02/02/21 23 Repeals section 240.37 of the penal law, relating to loitering for the purpose of engaging in prostitution
03/31/21 92 Enacts the “marihuana regulation and taxation act”; adds PL article 222.
07/01/21 236 Amends PL 265.17 to prohibit the possession, sale, purchase, or transfer of firearms by or to anyone known to have an outstanding warrant for a felony or serious offense
07/16/21 274 Adds new PL 270.40, Unlawfully installing a gas meter, class B misdemeanor
07/31/21 210 Amends CPL 380.50(5). NYSentencing 2022 adds coverage of CPL 380.50(4) and (6) victim notification requirements.
08/02/21 322 Amends statutes to substitute term “incarcerated individual” in place of “inmate.”
09/01/21 103 Amends CPL 220.50 to provide that, prior to accepting a plea of guilty to a felony, court must advise defendant that conviction will result in loss of right to vote while incarcerated in a correctional facility and that right will be restored upon release.
10/07/21 433 Amends PL 220.03 and repeals PL 220.45, decriminalizing possession and sale of hypodermic needles and syringes
10/07/21 435 Expands definition of “eligible defendant” for purposes of Judicial Diversion (CPL article 216) to include felony offenses PL 105.10, 105.13, 165.10, 165.11, 190.79, 190.80, and PL article 222.
11/02/21 552 Amends CPL 720.20 to provide that an individual who was an eligible youth who was not determined to be a youthful offender by the sentencing court may apply to such court for a new determination after at least five years have passed since the imposition of the sentence, or at least five years after the individual’s latest release from incarceration, if such individual was sentenced to a period of incarceration.
11/07/21 447 Amends PL 135.60 and 155.05 to provide that “coercion” and “larceny by extortion” may be accomplished by instilling a fear of “deportation proceedings”
12/19/21 484 Amends PL 135.60 to specify that “coerced” conduct may include compelling a person to produce or display an image of themselves nude or engaged in sexual conduct.
12/22/21 715 Amends Executive Law 995(7) to provide that a “designated offense” for purposes of DNA sample collection does not include prostitution (PL 230.00) or any offense if court determines defendant’s participation resulted from having been a victim of sex trafficking.
12/22/21 739 Adds PL 190.25(5) to provide that criminal impersonation may be committed by using another person’s electronic signature without permission and with criminal intent.
12/22/21 784 Amends PL 170.00(1) to provide that a “written instrument” includes a government-issued COVID-19 vaccine card. Adds PL 156.25(5) to provide that a person commits computer tampering in the third degree when he accesses a computer without authorization and intentionally alters in any manner or destroys computer material indicating that a person did or did not receive a vaccination against COVID-19.
01/14/22 616 Streamlines the assignment of appellate counsel for indigent criminal defendants appealing their convictions in order to save time, money and resources to provide enhanced access to justice for vulnerable individuals
04/26/22 520 Criminalizes the sale of “ghost guns” and requires gunsmiths to register and serialize firearms, rifles, shotguns, and unfinished frames or receivers they assemble