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Assembly Bill A8532

2009-2010 Legislative Session

Requires any community service sentence imposed for an offense involving graffiti to include graffiti removal as a portion of required service

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A8532 - Details

Current Committee:
Assembly Codes
Laws Affected:
Amd §65.10, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A6725

2009-A8532 - Summary

Requires any community service sentence imposed for an offense involving graffiti to include graffiti removal as a portion of required service; including but not limited to, the removal of graffiti from any property damaged in the underlying offense.

2009-A8532 - Bill Text download pdf 

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

                                  8532

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2009
                               ___________

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

AN ACT to amend the penal law, in relation to  conditions  of  probation
  and of conditional discharge

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

  Section 1. Paragraph (h) of subdivision 2  of  section  65.10  of  the
penal  law, as amended by chapter 508 of the laws of 2001, is amended to
read as follows:
  (h) Perform services for a public or not-for-profit corporation, asso-
ciation, institution or agency, including but not  limited  to  services
for  the division of substance abuse services, [services in an appropri-
ate community program for removal of graffiti  from  public  or  private
property,  including any property damaged in the underlying offense,] or
services for the maintenance and repair of  real  or  personal  property
maintained  as  a  cemetery  plot, grave, burial place or other place of
interment of human remains. Provided however, that  the  performance  of
any such services shall not result in the displacement of employed work-
ers  or  in the impairment of existing contracts for services, nor shall
the performance of any such services be required  or  permitted  in  any
establishment  involved  in  any labor strike or lockout.  The court may
establish  provisions  for  the  early  termination  of  a  sentence  of
probation  or conditional discharge pursuant to the provisions of subdi-
vision three of section 410.90 of the criminal procedure law after  such
services  have  been  completed.  Such sentence may only be imposed upon
conviction of a misdemeanor, violation, or class D or class E felony, or
a youthful offender finding replacing any  such  conviction,  where  the
defendant has consented to the amount and conditions of such service;
  S  2. Section 65.10 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05282-01-9

2009-A8532A (ACTIVE) - Details

Current Committee:
Assembly Codes
Laws Affected:
Amd §65.10, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A6725

2009-A8532A (ACTIVE) - Summary

Requires any community service sentence imposed for an offense involving graffiti to include graffiti removal as a portion of required service; including but not limited to, the removal of graffiti from any property damaged in the underlying offense.

2009-A8532A (ACTIVE) - Sponsor Memo

2009-A8532A (ACTIVE) - Bill Text download pdf 

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

                                 8532--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2009
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the penal law, in relation to conditions of probation
  and of conditional discharge

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

  Section  1.  Paragraph  (h)  of  subdivision 2 of section 65.10 of the
penal law, as amended by chapter 508 of the laws of 2001, is amended  to
read as follows:
  (h) Perform services for a public or not-for-profit corporation, asso-
ciation,  institution  or  agency, including but not limited to services
for the division of substance abuse services, [services in an  appropri-
ate  community  program  for  removal of graffiti from public or private
property, including any property damaged in the underlying offense,]  or
services  for  the  maintenance  and repair of real or personal property
maintained as a cemetery plot, grave, burial place  or  other  place  of
interment  of  human  remains. Provided however, that the performance of
any such services shall not result in the displacement of employed work-
ers or in the impairment of existing contracts for services,  nor  shall
the  performance  of  any  such services be required or permitted in any
establishment involved in any labor strike or lockout.   The  court  may
establish  provisions  for  the  early  termination  of  a  sentence  of
probation or conditional discharge pursuant to the provisions of  subdi-
vision  three of section 410.90 of the criminal procedure law after such
services have been completed. Such sentence may  only  be  imposed  upon
conviction of a misdemeanor, violation, or class D or class E felony, or
a  youthful  offender  finding  replacing any such conviction, where the
defendant has consented to the amount and conditions of such service;
  S 2. Section 65.10 of the penal law is amended by adding a new  subdi-
vision 6 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05282-05-9

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