Bill Text: NY S05306 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to revocable sentences of probation or conditional discharge and imprisonment for certain offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-02-08 - PRINT NUMBER 5306A [S05306 Detail]

Download: New_York-2017-S05306-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5306--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 20, 2017
                                       ___________
        Introduced by Sen. AKSHAR -- (at request of the Office of Court Adminis-
          tration)  --  read  twice  and ordered printed, and when printed to be
          committed to the Committee on Codes -- recommitted to the Committee on
          Codes  in  accordance  with  Senate  Rule  6,  sec.  8  --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT  to  amend  the penal law, in relation to revocable sentences of
          probation or conditional discharge and imprisonment
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (d)  of  subdivision 2 of section 60.01 of the
     2  penal law, as amended by chapter 65 of the laws of 1982, is  amended  to
     3  read as follows:
     4    (d) In any case where the court imposes a sentence of imprisonment not
     5  in  excess  of  sixty days[,] for a misdemeanor, except not in excess of
     6  ninety days for assault in the third degree as defined by section 120.00
     7  of this chapter, menacing in the second degree  as  defined  by  section
     8  120.14  of  this  chapter,  stalking  in  the third degree as defined by
     9  section 120.50 of this chapter, criminal  obstruction  of  breathing  or
    10  blood  circulation  as defined by section 121.11 of this chapter, sexual
    11  misconduct as defined by section 130.20 of this chapter, forcible touch-
    12  ing as defined by section 130.52 of this chapter, sexual  abuse  in  the
    13  second  degree  as  defined  by section 130.60 of this chapter, criminal
    14  contempt in the second degree as defined by section 215.50 of this chap-
    15  ter, criminal possession of a controller substance in the seventh degree
    16  as defined by section 220.03 of this chapter,  criminally  possessing  a
    17  hypodermic  instrument  as  defined  by  section 220.45 of this chapter,
    18  criminally using drug paraphernalia in the second degree as  defined  by
    19  section  220.50  of this chapter and criminal possession of methampheta-
    20  mine manufacturing material in the second degree as defined  by  section
    21  220.70  of  this chapter, or not in excess of six months for a felony or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10556-02-8
        S. 5306--A                          2
     1  in the case of a sentence of intermittent imprisonment not in excess  of
     2  four  months,  it may also impose a sentence of probation or conditional
     3  discharge provided that the term of probation or  conditional  discharge
     4  together  with  the  term  of  imprisonment shall not exceed the term of
     5  probation or conditional discharge authorized by article  sixty-five  of
     6  this  chapter.  The sentence of imprisonment shall be a condition of and
     7  run  concurrently  with  the  sentence  of  probation   or   conditional
     8  discharge.
     9    § 2. This act shall take effect on the first of November next succeed-
    10  ing  the  date  on  which it shall have become a law, and shall apply to
    11  offenses committed on or after such effective date.