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Senate Bill S2696

2009-2010 Legislative Session

Makes juvenile delinquents criminally responsible for acts constituting the crime of cemetery desecration in the first degree

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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2009-S2696 (ACTIVE) - Details

See Assembly Version of this Bill:
A2888
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd ยงยง353.1 & 353.2, Fam Ct Act

2009-S2696 (ACTIVE) - Summary

Makes juvenile delinquents criminally responsible for acts constituting the crime of cemetery desecration in the first degree.

2009-S2696 (ACTIVE) - Sponsor Memo

2009-S2696 (ACTIVE) - Bill Text download pdf 

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

                                  2696

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced  by  Sens.  AUBERTINE,  ADDABBO,  C. JOHNSON, KLEIN, ONORATO,
  SAMPSON, SAVINO -- read twice and ordered printed, and when printed to
  be committed to the Committee on Children and Families

AN ACT to amend the family court act, in  relation  to  making  juvenile
  delinquents  criminally  responsible  for  the crime of cemetery dese-
  cration in the first degree

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

  Section  1. Subdivision 1 of section 353.1 of the family court act, as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  1. The court may conditionally discharge the respondent if the  court,
having  regard for the nature and circumstances of the crime and for the
history, character and condition of the respondent, is  of  the  opinion
that  consistent  with  subdivision  two  of  section 352.2, neither the
public interest nor the ends of justice would be served by  a  placement
and  that  probation  supervision  is not appropriate, PROVIDED THAT THE
COURT  SHALL  NOT  CONDITIONALLY  DISCHARGE  THE  RESPONDENT  WHERE  THE
RESPONDENT  IS FOUND TO HAVE COMMITTED THE CRIME OF CEMETERY DESECRATION
IN THE FIRST DEGREE AS SET FORTH IN SECTION 145.23 OF THE PENAL LAW.
  S 2. Section 353.2 of the family court act is amended by adding a  new
subdivision 1-a to read as follows:
  1-A.  THE COURT SHALL, AT A MINIMUM, ORDER A PERIOD OF PROBATION WHERE
THE RESPONDENT IS FOUND TO HAVE COMMITTED THE CRIME  OF  CEMETERY  DESE-
CRATION  IN THE FIRST DEGREE AS SET FORTH IN SECTION 145.23 OF THE PENAL
LAW, AND REQUIRE SUCH RESPONDENT TO MAKE RESTITUTION PURSUANT TO SECTION
353.6, REGARDLESS OF THE AGE OF THE RESPONDENT.  NOTHING  SET  FORTH  IN
THIS  SUBDIVISION SHALL PREVENT THE COURT FROM ORDERING THE PLACEMENT OF
THE RESPONDENT PURSUANT TO SECTION 353.3.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02274-01-9

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