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