Bill Text: NY S05109 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to permissible conditions the court may impose in connection with an adjournment in contemplation of dismissal.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-06-19 - referred to codes [S05109 Detail]

Download: New_York-2013-S05109-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5109
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 10, 2013
                                      ___________
       Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin-
         istration)  --  read twice and ordered printed, and when printed to be
         committed to the Committee on Codes
       AN ACT to amend the criminal procedure law, in relation  to  permissible
         conditions  the  court may impose in connection with an adjournment in
         contemplation of dismissal
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivisions  8  and  9 of section 170.55 of the criminal
    2  procedure law, subdivision 8 as renumbered by chapter 683 of the laws of
    3  1990 are renumbered subdivisions 10 and 11, and two new  subdivisions  8
    4  and 9 are added to read as follows:
    5    8.    THE COURT MAY, AS A CONDITION OF AN ADJOURNMENT IN CONTEMPLATION
    6  OF DISMISSAL,  ORDER  A  DEFENDANT  TO  PARTICIPATE  IN  AN  EDUCATIONAL
    7  PROGRAM,  TREATMENT  PROGRAM  OR OTHER PROGRAM REASONABLY RELATED TO THE
    8  DEFENDANT'S REHABILITATION. THE COURT MAY NOT IMPOSE SUCH CONDITIONS  IN
    9  EXCESS OF THE LENGTH OF THE ADJOURNMENT IN CONTEMPLATION OF DISMISSAL.
   10    9. THE COURT MAY, AS A CONDITION OF AN ADJOURNMENT IN CONTEMPLATION OF
   11  DISMISSAL,  ORDER A DEFENDANT TO PAY RESTITUTION OF THE FRUITS OF HIS OR
   12  HER OFFENSE OR MAKE REPARATION, IN AN AMOUNT HE OR  SHE  CAN  AFFORD  TO
   13  PAY, OF THE ACTUAL OUT-OF-POCKET LOSS CAUSED BY THE OFFENSE.
   14    S  2.  This  act shall take effect immediately, and shall apply to all
   15  offenses committed on or after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10117-01-3