S T A T E O F N E W Y O R K
________________________________________________________________________
4391
2009-2010 Regular Sessions
I N A S S E M B L Y
February 3, 2009
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Introduced by M. of A. SEMINERIO -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to sentencing
for the crimes of making graffiti and possession of graffiti instru-
ments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 380.40 of the criminal procedure law is amended by
adding a new subdivision 4 to read as follows:
4. THE DEFENDANT'S PARENT OR LEGAL GUARDIAN SHALL BE PRESENT AT THE
SENTENCING OF ANY YOUTH, AS DEFINED IN SUBDIVISION ONE OF SECTION 720.10
OF THIS CHAPTER, WHO HAS BEEN CONVICTED OF THE CRIME OF MAKING GRAFFITI,
PURSUANT TO SECTION 145.60 OF THE PENAL LAW, OR POSSESSION OF GRAFFITI
INSTRUMENTS, PURSUANT TO SECTION 145.65 OF THE PENAL LAW, WHERE THE
SENTENCE TO BE IMPOSED MAY INCLUDE COMMUNITY SERVICE OR SERVICES FOR THE
PUBLIC GOOD. HOWEVER, THE COURT SHALL NOT BE PREVENTED FROM PROCEEDING
BY THE ABSENCE OF SUCH PARENT OR LEGAL GUARDIAN IF REASONABLE EFFORT HAS
BEEN MADE TO NOTIFY SUCH PARENT OR GUARDIAN, IF THE DEFENDANT WAIVES THE
PRESENCE OF THE PARENT OR LEGAL GUARDIAN, OR IF THE DEFENDANT IS NO
LONGER RESIDING WITH, OR IS NOT A LEGAL DEPENDENT OF, SUCH PARENT OR
LEGAL GUARDIAN.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08116-01-9