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Senate Bill S4617

2009-2010 Legislative Session

Provides that a conditional discharge imposed by the court for making graffiti shall include a minimum of five hundred hours of community service

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S4617 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง65.10, Pen L

2009-S4617 (ACTIVE) - Summary

Provides that the imposition of a conditional discharge by the court upon a conviction of making graffiti shall include a minimum of five hundred hours of service for a public or not-for-profit corporation, association, institution or agency.

2009-S4617 (ACTIVE) - Sponsor Memo

2009-S4617 (ACTIVE) - Bill Text download pdf 

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

                                  4617

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by  Sens. ONORATO, HASSELL-THOMPSON, KLEIN, PARKER, SAMPSON,
  STAVISKY -- read twice and ordered printed, and  when  printed  to  be
  committed to the Committee on Codes

AN  ACT to amend the penal law, in relation to the performance of commu-
  nity service upon a conviction of making graffiti

  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 appropriate
community program for removal of graffiti from public or private proper-
ty, 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.
THE IMPOSITION OF A CONDITIONAL DISCHARGE BY THE COURT UPON A CONVICTION
OF  MAKING  GRAFFITI  PURSUANT  TO  SECTION 145.60 OF THIS CHAPTER SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03754-01-9

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