Bill Text: NY A06222 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 6222 (Prior Session Legislation)

Introduced

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: Bipartisan Bill

Status: (Passed) 2015-11-20 - signed chap.440 [A06222 Detail]

Download: New_York-2015-A06222-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6222
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 17, 2015
                                      ___________
       Introduced  by  M.  of A. BUCHWALD -- (at request of the Office of Court
         Administration) -- read once and referred 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