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Assembly Bill A8268

2009-2010 Legislative Session

Authorizes the court to require a defendant convicted of making graffiti to submit to the use of an electronic monitoring device or 100 hours of community service

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Archive: Last Bill Status - In Assembly Committee

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2009-A8268 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง145.62, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1654
2013-2014: A5920

2009-A8268 (ACTIVE) - Summary

Authorizes the court to require a defendant convicted of making graffiti to submit to the use of an electronic monitoring device or complete 100 hours of community service.

2009-A8268 (ACTIVE) - Bill Text download pdf 

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

                                  8268

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2009
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to the crime of making graff-
  iti

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

  Section  1. The penal law is amended by adding a new section 145.62 to
read as follows:
S 145.62 MAKING GRAFFITI; ENFORCEMENT.
  IN ADDITION TO ANY OTHER FINE OR PENALTY AUTHORIZED BY THIS CHAPTER OR
ANY OTHER PROVISION OF LAW, WHEN IMPOSING A FINE OR SENTENCE  OF  IMPRI-
SONMENT  FOR  A  CONVICTION  OF THE CRIME OF MAKING GRAFFITI PURSUANT TO
SECTION 145.60 OF THIS ARTICLE, THE COURT MAY:
  1. REQUIRE THE DEFENDANT TO SUBMIT TO THE USE OF AN  ELECTRONIC  MONI-
TORING  DEVICE  AND/OR TO FOLLOW A SCHEDULE THAT GOVERNS THE DEFENDANT'S
DAILY MOVEMENT. SUCH CONDITION MAY BE IMPOSED ONLY WHERE THE  COURT,  IN
ITS  DISCRETION,  DETERMINES THAT REQUIRING THE DEFENDANT TO COMPLY WITH
SUCH CONDITION WILL ADVANCE PUBLIC SAFETY. ELECTRONIC  MONITORING  SHALL
BE  USED IN ACCORDANCE WITH UNIFORM PROCEDURES DEVELOPED BY THE DIVISION
OF PROBATION AND CORRECTIONAL ALTERNATIVES; OR
  2. COMPLETE ONE HUNDRED HOURS OF COMMUNITY SERVICE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11736-01-9

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