STATE OF NEW YORK
________________________________________________________________________
5306--A
2017-2018 Regular Sessions
IN SENATE
March 20, 2017
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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.