S T A T E O F N E W Y O R K
________________________________________________________________________
6725
2011-2012 Regular Sessions
I N A S S E M B L Y
March 25, 2011
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to conditions of probation
and of conditional discharge
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] OFFICE of ALCOHOLISM AND substance abuse services,
[services in an appropriate community program for removal of graffiti
from public or private property, 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 workers 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 subdivision three of section 410.90 of the criminal proce-
dure 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 condi-
tions of such service;
S 2. Section 65.10 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04440-01-1
A. 6725 2
6. WHEN IMPOSING A SENTENCE OF PROBATION OR OF CONDITIONAL DISCHARGE
IN CONNECTION WITH A VIOLATION OF SECTION 145.60 OR 145.65 OF THIS CHAP-
TER, THE COURT SHALL AS A CONDITION OF THE SENTENCE, REQUIRE THAT THE
DEFENDANT REMOVE GRAFFITI FROM PUBLIC OR PRIVATE PROPERTY, INCLUDING ANY
PROPERTY DAMAGED IN THE UNDERLYING OFFENSE, UNLESS THE COURT SHALL
DETERMINE THAT AN APPROPRIATE PROGRAM TO SUPERVISE SUCH REMOVAL IS NOT
AVAILABLE OR THAT SUCH GRAFFITI REMOVAL WOULD BE UNREASONABLY DANGEROUS;
PROVIDED, HOWEVER, THAT GRAFFITI REMOVAL FROM PRIVATE PROPERTY PURSUANT
TO THIS SUBDIVISION SHALL BE SUBJECT TO CONSENT OF THE OWNER OF SUCH
PROPERTY.
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.