senate Bill S6680

Relates to the revocation of sentences of probation or conditional discharge imposed under the child passenger protection act

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Mar / 2012
    • REFERRED TO CODES
  • 01 / May / 2012
    • 1ST REPORT CAL.650
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 05 / Jun / 2012
    • PASSED SENATE
  • 05 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 05 / Jun / 2012
    • REFERRED TO CODES

Summary

Relates to the revocation of sentences of probation or conditional discharge imposed under the child passenger protection act.

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Bill Details

Versions:
S6680
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §60.01, Pen L

Sponsor Memo

BILL NUMBER:S6680

TITLE OF BILL:
An act
to amend the penal law, in relation to the revocation of sentences of
probation or conditional discharge imposed under the child passenger
protection act

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her
Advisory Committee on Criminal Law and Procedure.

This measure would amend section 60.01 of the Penal Law to authorize
courts to re-impose a requirement of an ignition interlock device as
a condition of probation or conditional discharge following
revocation of a sentence of probation or conditional discharge
imposed under Leandra's Law.

The Child Passenger Protection Act (Leandra's Law) provides, in
relevant part, that a defendant convicted of a DWI offense under VTL
§§ 1192(2), (2-a) or (3) must be sentenced to a period of probation
or conditional discharge that includes a condition that the defendant
install an ignition interlock device (IID) on any automobile he or
she owns or operates (L. 2009, c. 496). In addition, the sentence of
probation or conditional discharge must be consecutive to any period
of incarceration imposed (PL §60.21).
Under the current statutory scheme, however, a problem arises when a
defendant violates a Leandra's Law sentence of probation or
conditional discharge and the court revokes the sentence. CPL
410.70(5) sets forth the options available to a court when it revokes
a sentence of probation or conditional discharge, and it currently
does not authorize a court to re-sentence a defendant pursuant to PL
§60.21. Without any reference to PL §60.21, courts are limited to
re-sentencing in accordance with PL §§ 60.01(3) or (4), neither of
which authorizes a consecutive period of probation upon which to
attach a condition of an IID.

As a result of this lapse in the statutory scheme, defendants who
violate probation or conditional discharge will be relieved of the
obligation to install an IID on their vehicles in any case where the
court imposes a misdemeanor jail term in excess of sixty days or a
felony term of imprisonment in excess of six months. Moreover, under
current law, the court lacks the authority to re-impose any form of
conditional discharge after revoking a sentence of conditional
discharge. Given the expanded use of a conditional discharge sentence
under Leandra's law, we believe this restriction was unintended, and
that it unnecessarily hinders a court when fashioning a sentence that
may best insure that a defendant does not continue to drink and drive
following release from incarceration.

This measure amends section 60.01 of the Penal Law to provide explicit
authority to impose a sentence of conditional discharge in accordance
with PL §60.21, and further clarifies that any new sentence imposed
after revocation of a sentence of probation will include a period of
probation that includes a condition requiring a defendant to install
an IID on any vehicle defendant owns or operates.


This measure, which would have no meaningful fiscal impact on the
State, would take effect immediately.

LEGISLATIVE HISTORY:
None. New proposal.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6680

                            I N  S E N A T E

                              March 8, 2012
                               ___________

Introduced by Sen. SALAND -- (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

AN ACT to amend  the  penal  law,  in  relation  to  the  revocation  of
  sentences  of  probation  or  conditional  discharge imposed under the
  child passenger protection act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 3 of section 60.01 of the penal law is amended
by adding a new paragraph (f) to read as follows:
  (F) FOLLOWING  REVOCATION  OF  A  SENTENCE  OF  CONDITIONAL  DISCHARGE
IMPOSED PURSUANT TO SECTION 60.21 OF THIS ARTICLE, PROBATION AS PROVIDED
IN  SECTION  65.00  OF  THIS  CHAPTER THAT INCLUDES THE INSTALLATION AND
MAINTENANCE OF A FUNCTIONING IGNITION INTERLOCK DEVICE, OR A SENTENCE OF
IMPRISONMENT AND PROBATION AS PROVIDED FOR  IN  SECTION  60.21  OF  THIS
ARTICLE.
  S  2.  Subdivision  4 of section 60.01 of the penal law, as amended by
chapter 548 of the laws of 1984, is amended to read as follows:
  4. In any case where a person  has  been  sentenced  to  a  period  of
probation imposed pursuant to section 65.00 of this chapter, if the part
of  the  sentence that provides for probation is revoked, the court must
sentence such person to imprisonment or to the sentence of  imprisonment
and  probation  as  provided  for in paragraph (d) of subdivision two of
this section.  FOLLOWING REVOCATION OF A SENTENCE OF  PROBATION  IMPOSED
AS  PROVIDED  FOR  IN  SECTION  60.21  OF THIS ARTICLE, ANY NEW SENTENCE
IMPOSED SHALL INCLUDE PROBATION AND THE INSTALLATION AND MAINTENANCE  OF
A FUNCTIONING IGNITION INTERLOCK DEVICE AS PROVIDED FOR IN SECTION 60.21
OF THIS ARTICLE.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14175-01-2

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