Bill Text: NY S05173 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides for the continuation of use of an ignition interlock device where a person upon whom such use was imposed as a condition of probation remains delinquent.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-06-15 - SUBSTITUTED BY A6222 [S05173 Detail]

Download: New_York-2015-S05173-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5173
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 6, 2015
                                      ___________
       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 penal law, in  relation  to  an  ignition  interlock
         device as a condition of probation or conditional discharge
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 65.15 of the penal law, as amended
    2  by chapter 1097 of the laws of 1971, is amended to read as follows:
    3    2. When a person has violated the conditions of his OR  HER  probation
    4  or  conditional  discharge  and is declared delinquent by the court, the
    5  declaration of delinquency shall interrupt the period of the sentence as
    6  of the date of the delinquency  and  such  interruption  shall  continue
    7  until  a  final determination as to the delinquency has been made by the
    8  court pursuant to a hearing held in accordance with  the  provisions  of
    9  the  criminal procedure law.  ANY ORDER FOR THE INSTALLATION AND MAINTE-
   10  NANCE OF A FUNCTIONING IGNITION INTERLOCK  DEVICE  IMPOSED  PURSUANT  TO
   11  SECTION 60.21 OF THIS TITLE SHALL REMAIN IN EFFECT THROUGHOUT THE DELIN-
   12  QUENCY  AND  THE  COURT  MAY  EXTEND THE PERIOD OF SUCH INSTALLATION AND
   13  MAINTENANCE BY THE PERIOD OF THE DELINQUENCY;  PROVIDED,  HOWEVER,  THAT
   14  THE  DEFENDANT  SHALL  GET  CREDIT  FOR  ANY PERIOD WHERE THE DEVICE WAS
   15  INSTALLED AND MAINTAINED DURING THE DELINQUENCY.
   16    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09699-02-5