senate Bill S7190A

Signed By Governor
2011-2012 Legislative Session

Authorizes the transfer of interim probation supervision

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 01, 2012 signed chap.347
Jul 20, 2012 delivered to governor
Jun 18, 2012 returned to senate
passed assembly
ordered to third reading rules cal.272
substituted for a10555
Jun 11, 2012 referred to codes
delivered to assembly
passed senate
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
amended 7190a
May 30, 2012 1st report cal.940
May 01, 2012 referred to codes

Co-Sponsors

S7190 - Details

See Assembly Version of this Bill:
A10555
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§410.80 & 216.05, CP L

S7190 - Summary

Authorizes the transfer of interim probation supervision where the defendant moves to or lives in another county; provides that sentencing court retains jurisdiction; applies to judicial diversion.

S7190 - Sponsor Memo

S7190 - Bill Text download pdf

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

                                  7190

                            I N  S E N A T E

                               May 1, 2012
                               ___________

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

AN ACT to amend the criminal procedure law, in relation  to  authorizing
  the transfer of interim probation supervision

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

  Section 1. Subdivisions 1 and 2 of  section  410.80  of  the  criminal
procedure law, subdivision 1 as amended by section 51 of part A of chap-
ter  56  of the laws of 2010 and subdivision 2 as amended by chapter 191
of the laws of 2007, are amended to read as follows:
  1. Authority to transfer supervision. Where a probationer  OR  INTERIM
PROBATIONER  at  the  time of sentencing resides in another jurisdiction
within the state, the sentencing court shall transfer supervision to the
appropriate probation department  in  such  other  jurisdiction.  Where,
after   a   probation  sentence  OR  INTERIM  PROBATION  SUPERVISION  is
pronounced, a probationer OR INTERIM PROBATIONER desires  to  reside  in
another jurisdiction within the state that is not served by the sentenc-
ing  court, such court, in its discretion, may approve a change in resi-
dency and, upon approval, shall transfer supervision to the  appropriate
probation  department  serving  the county of the probationer's proposed
new residence. Any transfer under this subdivision must be in accordance
with rules adopted by the  commissioner  of  the  division  of  criminal
justice services.
  2. Transfer of powers. (A) Upon completion of transfer OF PROBATION as
authorized  pursuant to subdivision one, the probation department in the
receiving jurisdiction  shall  assume  all  powers  and  duties  of  the
probation  department  in the jurisdiction of the sentencing court. Upon
completion of transfer, the appropriate court within the jurisdiction of
the receiving probation department shall assume all powers and duties of
the sentencing court and  shall  have  sole  jurisdiction  in  the  case
including jurisdiction over matters specified in article twenty-three of
the  correction  law.  Further,  the  sentencing court shall immediately
forward its entire case record to the receiving court.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15496-01-2

Co-Sponsors

S7190A (ACTIVE) - Details

See Assembly Version of this Bill:
A10555
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§410.80 & 216.05, CP L

S7190A (ACTIVE) - Summary

Authorizes the transfer of interim probation supervision where the defendant moves to or lives in another county; provides that sentencing court retains jurisdiction; applies to judicial diversion.

S7190A (ACTIVE) - Sponsor Memo

S7190A (ACTIVE) - Bill Text download pdf

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

                                 7190--A
    Cal. No. 940

                            I N  S E N A T E

                               May 1, 2012
                               ___________

Introduced  by  Sens.  RANZENHOFER,  GALLIVAN  -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  reported favorably from  said  committee,  ordered  to  first  report,
  amended  on  first  report,  ordered  to  a  second report and ordered
  reprinted, retaining its place in the order of second report

AN ACT to amend the criminal procedure law, in relation  to  authorizing
  the transfer of interim probation supervision

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

  Section 1. Subdivisions 1 and 2 of  section  410.80  of  the  criminal
procedure law, subdivision 1 as amended by section 51 of part A of chap-
ter  56  of the laws of 2010 and subdivision 2 as amended by chapter 191
of the laws of 2007, are amended to read as follows:
  1. Authority to transfer supervision. Where a probationer at the  time
of sentencing OR AN INTERIM PROBATIONER AT THE TIME OF THE IMPOSITION OF
THE PERIOD OF INTERIM PROBATION SUPERVISION resides in another jurisdic-
tion  within  the state, the sentencing court shall transfer supervision
to the appropriate probation  department  in  such  other  jurisdiction.
Where,  after  a  probation sentence OR INTERIM PROBATION SUPERVISION is
pronounced, a probationer OR INTERIM PROBATIONER desires  to  reside  in
another jurisdiction within the state that is not served by the sentenc-
ing  court, such court, in its discretion, may approve a change in resi-
dency and, upon approval, shall transfer supervision to the  appropriate
probation  department  serving  the county of the probationer's proposed
new residence. Any transfer under this subdivision must be in accordance
with rules adopted by the  commissioner  of  the  division  of  criminal
justice services.
  2. Transfer of powers. (A) Upon completion of transfer OF PROBATION as
authorized  pursuant to subdivision one, the probation department in the
receiving jurisdiction  shall  assume  all  powers  and  duties  of  the
probation  department  in the jurisdiction of the sentencing court. Upon
completion of transfer, the appropriate court within the jurisdiction of
the receiving probation department shall assume all powers and duties of
the sentencing court and  shall  have  sole  jurisdiction  in  the  case

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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