Senate Bill S1880

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

                                 1880--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be  committed  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05282-02-9

              

S. 1880--A                          2

  S 2. Section 65.10 of the penal law is amended by adding a new  subdi-
vision 6 to read as follows:
  6.  WHEN  IMPOSING A SENTENCE OF PROBATION OR OF CONDITIONAL DISCHARGE
IN CONNECTION WITH A VIOLATION OF SECTION 145.60 OR 145.65 OF THIS CHAP-
TER, THE COURT SHALL AS A CONDITION OF THE SENTENCE,  REQUIRE  THAT  THE
DEFENDANT REMOVE GRAFFITI FROM PUBLIC OR PRIVATE PROPERTY, INCLUDING ANY
PROPERTY  DAMAGED  IN  THE  UNDERLYING  OFFENSE,  UNLESS THE COURT SHALL
DETERMINE THAT AN APPROPRIATE PROGRAM TO SUPERVISE SUCH REMOVAL  IS  NOT
AVAILABLE OR THAT SUCH GRAFFITI REMOVAL WOULD BE UNREASONABLY DANGEROUS,
PROVIDED,  HOWEVER, THAT GRAFFITI REMOVAL FROM PRIVATE PROPERTY PURSUANT
TO THIS SUBDIVISION SHALL BE SUBJECT TO CONSENT OF  THE  OWNER  OF  SUCH
PROPERTY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.