Bill Text: NY S05837 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to work related labor protests not being considered a parole violation.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S05837 Detail]

Download: New_York-2019-S05837-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5837

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 15, 2019
                                       ___________

        Introduced by Sens. BAILEY, RAMOS -- read twice and ordered printed, and
          when printed to be committed to the Committee on Codes

        AN  ACT to amend the criminal procedure law, the correction law, and the
          executive law, in relation to work related labor  protests  not  being
          considered a parole violation

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 410.10 of the criminal procedure law is amended  by
     2  adding a new subdivision 4 to read as follows:
     3    4.  When  the  court pronounces a sentence of probation or conditional
     4  discharge, the court shall provide  that  work  related  labor  protests
     5  shall  not  be  considered  a violation of such sentence of probation or
     6  conditional discharge.
     7    § 2. The correction law is amended by adding a new section 209 to read
     8  as follows:
     9    § 209. Permitted activities. Where any person is  granted  presumptive
    10  release,  parole,  conditional release or release to post-release super-
    11  vision, such person shall not be deemed to be in violation  of  and  the
    12  department shall not terminate such granted presumptive release, parole,
    13  conditional  release  or  release  to  post-release  supervision  solely
    14  because such person participated in work related labor protests.
    15    § 3. Section 274 of the correction law is  amended  by  adding  a  new
    16  subdivision 11 to read as follows:
    17    11.  The commission, or any member thereof, shall not determine that a
    18  person who has been conditionally released has lapsed into criminal ways
    19  or company, or has  violated  one  or  more  conditions  of  conditional
    20  release because such person participated in work related labor protests.
    21    §  4.  The  executive  law is amended by adding a new section 259-t to
    22  read as follows:
    23    § 259-t. Permitted activities. Where any person is granted presumptive
    24  release, parole, conditional release,  release  to  post-release  super-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11754-02-9
        S. 5837                             2

     1  vision  or  any  other  type  of  supervised release, the state board of
     2  parole shall not deem a person to be in violation of and the state board
     3  of parole shall not terminate such granted presumptive release,  parole,
     4  conditional  release,  release  to post-release supervision or any other
     5  type of supervised release solely because such  person  participated  in
     6  work related labor protests.
     7    § 5. This act shall take effect immediately.