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