assembly Bill A4582B

Relates to periods of probation

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Sponsor

O'DONNELL

Co-Sponsors

Multi-Sponsors

Bill Status


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

  • 06 / Feb / 2013
    • REFERRED TO CORRECTION
  • 28 / Feb / 2013
    • REPORTED REFERRED TO CODES
  • 13 / May / 2013
    • AMEND AND RECOMMIT TO CODES
  • 13 / May / 2013
    • PRINT NUMBER 4582A
  • 20 / May / 2013
    • AMEND AND RECOMMIT TO CODES
  • 20 / May / 2013
    • PRINT NUMBER 4582B
  • 10 / Jun / 2013
    • REPORTED REFERRED TO RULES
  • 11 / Jun / 2013
    • REPORTED
  • 11 / Jun / 2013
    • RULES REPORT CAL.189
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.189
  • 19 / Jun / 2013
    • SUBSTITUTED BY S4664A

Summary

Relates to imposing sentences of probation and to waiving pre-sentence investigations and written reports thereon in any city having a population of one million or more for certain offenses.

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Bill Details

See Senate Version of this Bill:
S4664A
Versions:
A4582
A4582A
A4582B
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Amd §65.00, Pen L; amd §§410.70 & 390.20, CP L
Versions Introduced in 2011-2012 Legislative Cycle:
A8089
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4582--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

Introduced by M. of A. O'DONNELL, AUBRY -- read once and referred to the
  Committee  on  Correction -- reported and referred to the Committee on
  Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

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:

  Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  3  of
section  65.00 of the penal law, as amended by section 20 of part AAA of
chapter 56 of the laws of 2009, is amended to read as follows:
  (i) For a felony, other than a class A-II felony  defined  in  article
two  hundred  twenty  of  this  chapter or the class B felony defined in
section 220.48 of this chapter, or any other class B felony  defined  in
article  two hundred twenty of this chapter committed by a second felony
drug offender, or a sexual assault, the period of probation shall  be  A
TERM OF THREE, FOUR OR five years;
  S  2.  Subparagraph  (i)  of paragraph (b) of subdivision 3 of section
65.00 of the penal law, as amended by chapter 264 of the laws  of  2003,
is amended to read as follows:
  (i) For a class A misdemeanor, other than a sexual assault, the period
of probation shall be A TERM OF TWO OR three years;
  S 3. Paragraph (d) of subdivision 3 of section 65.00 of the penal law,
as  amended  by  chapter  264 of the laws of 2003, is amended to read as
follows:
  (d) For an unclassified misdemeanor, the period of probation shall  be
A  TERM OF TWO OR three years if the authorized sentence of imprisonment

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06252-06-3

A. 4582--B                          2

is in excess of three months, otherwise the period of probation shall be
one year.
  S  4.    Subdivision 4 of section 65.00 of the penal law is renumbered
subdivision 5 and a new subdivision 4 is added 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 AND
THE COURT CONTINUES OR MODIFIES THE SENTENCE, THE COURT MAY  EXTEND  THE
REMAINING  PERIOD OF PROBATION UP TO THE MAXIMUM TERM AUTHORIZED BY THIS
SECTION.
  S 5. Subdivision 5 of section 410.70 of the criminal procedure law, as
amended by chapter 112 of the laws  of  1985,  is  amended  to  read  as
follows:
  5.  Revocation;  modification;  continuation. At the conclusion of the
hearing the court  may  revoke,  continue  or  modify  the  sentence  of
probation   or  conditional  discharge.  Where  the  court  revokes  the
sentence, it must impose sentence as specified in subdivisions three and
four of section 60.01 of the penal law. Where  the  court  continues  or
modifies the sentence, it must vacate the declaration of delinquency and
direct  that  the  defendant  be  released.  If the alleged violation is
sustained and the court continues  or  modifies  the  sentence,  it  may
extend the sentence up to the period of interruption specified in subdi-
vision  two  of  section  65.15  of the penal law, but any time spent in
custody in any correctional institution pursuant to  section  410.60  of
this  article  shall  be  credited  against  the  term  of the sentence.
PROVIDED FURTHER, WHERE THE ALLEGED VIOLATION IS SUSTAINED AND THE COURT
CONTINUES OR MODIFIES THE  SENTENCE,  THE  COURT  MAY  ALSO  EXTEND  THE
REMAINING  PERIOD  OF  PROBATION  UP  TO  THE MAXIMUM TERM AUTHORIZED BY
SECTION 65.00 OF THE PENAL LAW.
  S 6. Section 390.20 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
  5. NEGOTIATED SENTENCE OF IMPRISONMENT. IN ANY  CITY  HAVING  A  POPU-
LATION  OF  ONE  MILLION  OR  MORE AND NOTWITHSTANDING THE PROVISIONS OF
SUBDIVISION ONE OR TWO OF THIS SECTION, A PRE-SENTENCE INVESTIGATION AND
WRITTEN REPORT THEREON SHALL NOT BE REQUIRED WHERE A NEGOTIATED SENTENCE
OF IMPRISONMENT FOR A TERM OF THREE HUNDRED SIXTY-FIVE DAYS OR LESS  HAS
BEEN MUTUALLY AGREED UPON BY THE PARTIES WITH CONSENT OF THE JUDGE, AS A
RESULT OF A CONVICTION OR REVOCATION OF A SENTENCE OF PROBATION.
  S  7.  This act shall take effect immediately; provided, however, that
sections one through five of this act shall apply to offenses  committed
on  or  after  the date this act shall have become a law, and shall also
apply to offenses committed before such date, where  the  sentence  upon
conviction  for  such  offense  has  not yet been imposed; and provided,
further, that section six of this act shall take effect on the ninetieth
day after it shall have become a law.

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