Bill Text: NY S02100 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to establishing terms of probation sentences.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S02100 Detail]

Download: New_York-2013-S02100-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2100
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 10, 2013
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
         relation  to establishing terms of probation sentences and revocations
         thereof under certain circumstances
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 3 of
    2  section 65.00 of the penal law, as amended by section 20 of part AAA  of
    3  chapter 56 of the laws of 2009, is amended to read as follows:
    4    (i)  For  a  felony, other than a class A-II felony defined in article
    5  two hundred twenty of this chapter or the  class  B  felony  defined  in
    6  section  220.48  of this chapter, or any other class B felony defined in
    7  article two hundred twenty of this chapter committed by a second  felony
    8  drug  offender,  or a sexual assault, the period of probation shall be A
    9  TERM OF THREE, FOUR OR five years;
   10    S 2. Subparagraph (i) of paragraph (b) of  subdivision  3  of  section
   11  65.00  of  the penal law, as amended by chapter 264 of the laws of 2003,
   12  is amended to read as follows:
   13    (i) For a class A misdemeanor, other than a sexual assault, the period
   14  of probation shall be A TERM OF TWO OR three years;
   15    S 3. Paragraph (d) of subdivision 3 of section 65.00 of the penal law,
   16  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
   17  follows:
   18    (d)  For an unclassified misdemeanor, the period of probation shall be
   19  A TERM OF TWO OR three years if the authorized sentence of  imprisonment
   20  is in excess of three months, otherwise the period of probation shall be
   21  one year.
   22    S  4.    Subdivision 4 of section 65.00 of the penal law is renumbered
   23  subdivision 5 and a new subdivision 4 is added to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06252-01-3
       S. 2100                             2
    1    4. IF DURING THE PERIODS OF PROBATION REFERENCED IN  SUBPARAGRAPH  (I)
    2  OF PARAGRAPH (A), SUBPARAGRAPH (I) OF PARAGRAPH (B) AND PARAGRAPH (D) OF
    3  SUBDIVISION  THREE OF THIS SECTION AN ALLEGED VIOLATION IS SUSTAINED AND
    4  THE COURT CONTINUES OR MODIFIES THE SENTENCE, THE COURT MAY  EXTEND  THE
    5  REMAINING  PERIOD OF PROBATION UP TO THE MAXIMUM TERM AUTHORIZED BY THIS
    6  SECTION.
    7    S 5. Subdivision 5 of section 410.70 of the criminal procedure law, as
    8  amended by chapter 112 of the laws  of  1985,  is  amended  to  read  as
    9  follows:
   10    5.  Revocation;  modification;  continuation. At the conclusion of the
   11  hearing the court  may  revoke,  continue  or  modify  the  sentence  of
   12  probation   or  conditional  discharge.  Where  the  court  revokes  the
   13  sentence, it must impose sentence as specified in subdivisions three and
   14  four of section 60.01 of the penal law. Where  the  court  continues  or
   15  modifies the sentence, it must vacate the declaration of delinquency and
   16  direct  that  the  defendant  be  released.  If the alleged violation is
   17  sustained and the court continues  or  modifies  the  sentence,  it  may
   18  extend the sentence up to the period of interruption specified in subdi-
   19  vision  two  of  section  65.15  of the penal law, but any time spent in
   20  custody in any correctional institution pursuant to  section  410.60  of
   21  this  article  shall  be  credited  against  the  term  of the sentence.
   22  PROVIDED FURTHER, WHERE THE ALLEGED VIOLATION IS SUSTAINED AND THE COURT
   23  CONTINUES OR MODIFIES THE  SENTENCE,  THE  COURT  MAY  ALSO  EXTEND  THE
   24  REMAINING  PERIOD  OF  PROBATION  UP  TO  THE MAXIMUM TERM AUTHORIZED BY
   25  SECTION 65.00 OF THE PENAL LAW.
   26    S 6. This act shall take effect immediately; provided,  however,  that
   27  it shall apply to offenses committed on or after the date this act shall
   28  have  become  a  law, and provided, further, however, that it shall also
   29  apply to offenses committed before such date, where  the  sentence  upon
   30  conviction  for  such  offense is imposed no earlier than ten days after
   31  such date.