senate Bill S6880

2011-2012 Legislative Session

Relates to establishing terms of probation sentences

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 04, 2012 referred to codes

S6880 - Details

See Assembly Version of this Bill:
A8089
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §65.00, Pen L; amd §410.70, CP L

S6880 - Summary

Relates to establishing terms of probation sentences.

S6880 - Sponsor Memo

S6880 - Bill Text download pdf

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

                                  6880

                            I N  S E N A T E

                              April 4, 2012
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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:
  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

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

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