Assembly Bill A8089

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

                                  8089

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2011
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Correction

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation  to establishing terms of probation sentences and revocations
  thereof under certain circumstances

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

  Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 3 of
section 65.00 of the penal law, as amended by section 20 of part AAA  of
chapter 56 of the laws of 2009, is amended to read as follows:
  (i)  For  a  felony, other than a class A-II felony defined in article
two hundred twenty of this chapter or the  class  B  felony  defined  in
section  220.48  of this chapter, or any other class B felony defined in
article two hundred twenty of this chapter committed by a second  felony
drug  offender,  or a sexual assault, the period of probation shall be A
TERM OF THREE, FOUR OR five years;
  S 2. Subparagraph (i) of paragraph (b) of  subdivision  3  of  section
65.00  of  the penal law, as amended by chapter 264 of the laws of 2003,
is amended to read as follows:
  (i) For a class A misdemeanor, other than a sexual assault, the period
of probation shall be A TERM OF TWO OR three years;
  S 3. Paragraph (d) of subdivision 3 of section 65.00 of the penal law,
as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
follows:
  (d)  For an unclassified misdemeanor, the period of probation shall be
A TERM OF TWO OR three years if the authorized sentence of  imprisonment
is in excess of three months, otherwise the period of probation shall be
one year.
  S  4.    Subdivision 4 of section 65.00 of the penal law is renumbered
subdivision 5 and a new subdivision 4 is added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11927-01-1

              

A. 8089                             2

  4. IF DURING THE PERIODS OF PROBATION REFERENCED IN  SUBPARAGRAPH  (I)
OF PARAGRAPH (A), SUBPARAGRAPH (I) OF PARAGRAPH (B) AND PARAGRAPH (D) OF
SUBDIVISION  THREE OF THIS SECTION AN ALLEGED VIOLATION IS SUSTAINED AND
THE COURT CONTINUES OR MODIFIES THE SENTENCE, THE COURT MAY  EXTEND  THE
REMAINING  PERIOD OF PROBATION UP TO THE MAXIMUM TERM AUTHORIZED BY THIS
SECTION.
  S 5. Subdivision 5 of section 410.70 of the criminal procedure law, as
amended by chapter 112 of the laws  of  1985,  is  amended  to  read  as
follows:
  5.  Revocation;  modification;  continuation. At the conclusion of the
hearing the court  may  revoke,  continue  or  modify  the  sentence  of
probation   or  conditional  discharge.  Where  the  court  revokes  the
sentence, it must impose sentence as specified in subdivisions three and
four of section 60.01 of the penal law. Where  the  court  continues  or
modifies the sentence, it must vacate the declaration of delinquency and
direct  that  the  defendant  be  released.  If the alleged violation is
sustained and the court continues  or  modifies  the  sentence,  it  may
extend the sentence up to the period of interruption specified in subdi-
vision  two  of  section  65.15  of the penal law, but any time spent in
custody in any correctional institution pursuant to  section  410.60  of
this  article  shall  be  credited  against  the  term  of the sentence.
PROVIDED FURTHER, WHERE THE ALLEGED VIOLATION IS SUSTAINED AND THE COURT
CONTINUES OR MODIFIES THE  SENTENCE,  THE  COURT  MAY  ALSO  EXTEND  THE
REMAINING  PERIOD  OF  PROBATION  UP  TO  THE MAXIMUM TERM AUTHORIZED BY
SECTION 65.00 OF THE PENAL LAW.
  S 6. This act shall take effect immediately; provided,  however,  that
it shall apply to offenses committed on or after the date this act shall
have  become  a  law, and provided, further, however, that it shall also
apply to offenses committed before such date, where  the  sentence  upon
conviction  for  such  offense is imposed no earlier than ten days after
such date.