Bill Text: NY A01654 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the court to require a defendant convicted of making graffiti to submit to the use of an electronic monitoring device or complete 100 hours of community service.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A01654 Detail]

Download: New_York-2011-A01654-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1654
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 11, 2011
                                      ___________
       Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
         on Codes
       AN ACT to amend the penal law, in relation to the crime of making graff-
         iti
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 145.62 to
    2  read as follows:
    3  S 145.62 MAKING GRAFFITI; ENFORCEMENT.
    4    IN ADDITION TO ANY OTHER FINE OR PENALTY AUTHORIZED BY THIS CHAPTER OR
    5  ANY OTHER PROVISION OF LAW, WHEN IMPOSING A FINE OR SENTENCE  OF  IMPRI-
    6  SONMENT  FOR  A  CONVICTION  OF THE CRIME OF MAKING GRAFFITI PURSUANT TO
    7  SECTION 145.60 OF THIS ARTICLE, THE COURT MAY:
    8    1. REQUIRE THE DEFENDANT TO SUBMIT TO THE USE OF AN  ELECTRONIC  MONI-
    9  TORING  DEVICE  AND/OR TO FOLLOW A SCHEDULE THAT GOVERNS THE DEFENDANT'S
   10  DAILY MOVEMENT. SUCH CONDITION MAY BE IMPOSED ONLY WHERE THE  COURT,  IN
   11  ITS  DISCRETION,  DETERMINES THAT REQUIRING THE DEFENDANT TO COMPLY WITH
   12  SUCH CONDITION WILL ADVANCE PUBLIC SAFETY. ELECTRONIC  MONITORING  SHALL
   13  BE  USED IN ACCORDANCE WITH UNIFORM PROCEDURES DEVELOPED BY THE DIVISION
   14  OF PROBATION AND CORRECTIONAL ALTERNATIVES; OR
   15    2. COMPLETE ONE HUNDRED HOURS OF COMMUNITY SERVICE.
   16    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   17  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03955-01-1