New York State Temporary Commission on Revision of the Penal Law and Criminal Code Administrative and Working Files 13828

New York State Temporary Commission on Revision of the Penal Law and Criminal Code Administrative and Working Files

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Overview of the Records

Repository:

New York State Archives
New York State Education Department
Cultural Education Center
Albany, NY 12230

Summary:

This series consists of correspondence; studies; reports; newspaper clippings; drafts of bills; minutes and memorandums generated and received by the Temporary State Commission to Revise the Penal Law and Criminal Code. Subjects include abortion; adultery; arson; assault; birth control; bribery; burglary; capital punishment; disorderly conduct; entrapment; extortion; extradition; firearms control; gambling; homicide; insanity; kidnapping; larceny; malicious mischief; obscenity; narcotics; parole; post-conviction remedies; public intoxication; prostitution; probation; prisons; restitution; search and seizure; sentencing; and youthful offenders.

Creator:

New York (State). Temporary Commission on Revision of the Penal Law and Criminal Code

Title:

Temporary Commission on Revision of the Penal Law and Criminal Code administrative and working files

Quantity:

15 cubic feet

Inclusive Dates:

1959-1971

Bulk Dates:

bulk 1962-1970

Series Number:

13828

Arrangement

Organized into four subseries: 1. Subject files; 2. Bill Drafting Files; 3. Hearing Files; 4. Publications and Unpublished Reports.

Subject Files: alphabetical by subject.

Hearing Files: chronological by hearing date.

Bill Drafting Files: rough chronological order by year.

Publications and Unpublished Reports: rough chronological order.

Administrative History

Chapter 346 of the Laws of 1961 established the commission with the purpose of revising and simplifying the Penal Law and Code of Criminal Procedure.

The Commission's main purpose was to replace the Penal Law of 1909 which was very similar to the Penal Code of 1881. This law contained many archaic and dated provisions that were still in force at the time of the Commission's creation. The Commission also aimed to revise the Code of Criminal Procedure which was similar to the Penal Law in that it contained many nineteenth century provisions.

A study bill for the new Penal Law was drafted and submitted to the Legislature in 1964 and signed into law as Chapter 1030 of the Laws of 1965. In 1967 the Commission completed a draft of the Code of Procedure and submitted it to the Legislature the following year. This new code was eventually enacted in 1970 (Chapters 996 and 997) and became effective September 1, 1971.

Scope and Content Note

This series consists of incoming and outgoing correspondence; annual (more specifically entitled "interim") reports, studies, published and unpublished reports; newspaper clippings; rough notes; typescript, printed, and galley proofs of drafts of bills; minutes of public hearings; and memoranda generated and received by the Temporary State Commission to Revise the Penal Law and Criminal Code.

The records of the commission are arranged into four subseries: subject files; bill drafting files; hearing files containing transcripts and related records pertaining to hearings held by the commission; and publications and unpublished reports accumulated by and generated by the commission.

The subject files (six cubic feet) deal with a variety of questions dealt with by the Commission including abortion; adultery; arson; assault; birth control; bribery; burglary; capital punishment; disorderly conduct; entrapment;; extortion; extradition; firearms control; gambling; homocide; insanity; kidnapping; larceny; malicious mischief; obscenity; narcotics; parole; post-conviction remedies; public intoxication; prostitution; probation; prisons; restitution; search and seizure; sentencing; and youthful offenders.

The hearing files consist of two cubic feet of transcripts and typed copies of statements presented at various hearings held throughout the state by the commission. The subseries deals with several issues studied by the commission such as illegally seized evidence, capital punishment, pre-trial imprisonment, compulsory finger-printing and photographing, arrests without warrants, and electronic eaves-dropping.

The final subseries (one cubic foot) consists mainly of miscellaneous publications collected by the Commission during its existence. The records deal with the death penalty, prison industry, court reorganizations, birth control and welfare, prearraignment procedures, alcoholism, and criminal behavior. The subseries also contains the annual reports issued by the Commission from 1962 through 1968. These "interim" reports are particularly useful in determining the amount of revision acomplished by the Commission in a given year as well as citing specific problems or issues faced by them.

Alternate Formats Available

Related records compiled by Judge Peter Mcquillan, a member of the commission staff, are held by the New York County Supreme Court Criminal Term Library (New York County).