Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 17, 2014 |
signed chap.17 |
Mar 12, 2014 |
delivered to governor |
Feb 10, 2014 |
returned to senate passed assembly ordered to third reading cal.409 substituted for a8395 |
Feb 10, 2014 |
substituted by s6346 |
Jan 23, 2014 |
advanced to third reading cal.409 |
Jan 22, 2014 |
reported |
Jan 13, 2014 |
referred to codes |
Assembly Bill A8395
Signed By Governor2013-2014 Legislative Session
Sponsored By
O'DONNELL
Archive: Last Bill Status Via S6346 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
David Weprin
2013-A8395 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6346
- Law Section:
- Penal Law
- Laws Affected:
- Amd §65.00, Pen L; amd §410.70, CP L; amd §7, Chap of 2013 (proposed in S. 4664-A & A. 4582-B)
2013-A8395 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8395 I N A S S E M B L Y January 13, 2014 ___________ Introduced by M. of A. O'DONNELL -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to terms of probation sentences and revocations thereof; and to amend a chapter of the laws of 2013, relating to establishing terms of probation sentences and revocations thereof under certain circum- stances, as proposed in legislative bills numbers S. 4664-A and A. 4582-B, in relation to the effectiveness thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 65.00 of the penal law, as added by a chapter of the laws of 2013 relating to establishing terms of probation sentences and revocations thereof under certain circumstances, as proposed in legislative bills numbers S. 4664-A and A. 4582-B, is amended to read as follows: 4. If during the periods of probation referenced in subparagraph (i) of paragraph (a), subparagraph (i) of paragraph (b) and paragraph (d) of subdivision three of this section an alleged violation is sustained FOLLOWING A HEARING PURSUANT TO SECTION 410.70 OF THE CRIMINAL PROCEDURE LAW and the court continues or modifies the sentence, the court may extend the remaining period of probation up to the maximum term author- ized by this section. PROVIDED, HOWEVER, A DEFENDANT SHALL RECEIVE CREDIT FOR THE TIME DURING WHICH HE OR SHE WAS SUPERVISED UNDER THE ORIGINAL PROBATION SENTENCE PRIOR TO ANY DECLARATION OF DELINQUENCY AND FOR ANY TIME SPENT IN CUSTODY PURSUANT TO THIS ARTICLE FOR AN ALLEGED VIOLATION OF PROBATION. S 2. Subdivision 1 of section 410.70 of the criminal procedure law is amended to read as follows: 1. In general. The court may not revoke a sentence of probation or a sentence of conditional discharge, OR EXTEND A PERIOD OF PROBATION, unless (a) the court has found that the defendant has violated a condi- tion of the sentence and (b) the defendant has had an opportunity to be heard PURSUANT TO THIS SECTION. The defendant is entitled to a hearing in accordance with this section promptly after the court has filed a EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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