assembly Bill A4582B

Signed By Governor
2013-2014 Legislative Session

Relates to periods of probation

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Sponsored By

Archive: Last Bill Status Via S4664 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 10, 2014 approval memo.18
signed chap.556
Dec 30, 2013 delivered to governor
Jun 19, 2013 returned to senate
passed assembly
ordered to third reading rules cal.189
substituted for a4582b
Jun 19, 2013 substituted by s4664a
Jun 11, 2013 ordered to third reading rules cal.189
rules report cal.189
reported
Jun 10, 2013 reported referred to rules
May 20, 2013 print number 4582b
amend and recommit to codes
May 13, 2013 print number 4582a
amend and recommit to codes
Feb 28, 2013 reported referred to codes
Feb 06, 2013 referred to correction

Votes

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Jun 17, 2013 - Rules committee Vote

S4664A
19
1
committee
19
Aye
1
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Jun 12, 2013 - Rules committee Vote

S4664A
19
1
committee
19
Aye
1
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

A4582 - Bill Details

See Senate Version of this Bill:
S4664A
Law Section:
Penal Law
Laws Affected:
Amd §65.00, Pen L; amd §§410.70 & 390.20, CP L
Versions Introduced in 2011-2012 Legislative Session:
A8089

A4582 - Bill Texts

view summary

Relates to imposing sentences of probation and to waiving pre-sentence investigations and written reports thereon in any city having a population of one million or more for certain offenses.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4582

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

Introduced by M. of A. O'DONNELL, 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.
                                                           LBD06252-01-3

A. 4582                             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.

Co-Sponsors

A4582A - Bill Details

See Senate Version of this Bill:
S4664A
Law Section:
Penal Law
Laws Affected:
Amd §65.00, Pen L; amd §§410.70 & 390.20, CP L
Versions Introduced in 2011-2012 Legislative Session:
A8089

A4582A - Bill Texts

view summary

Relates to imposing sentences of probation and to waiving pre-sentence investigations and written reports thereon in any city having a population of one million or more for certain offenses.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4582--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

Introduced by M. of A. O'DONNELL, AUBRY -- read once and referred to the
  Committee  on  Correction -- reported and referred to the Committee on
  Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06252-04-3

A. 4582--A                          2

  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
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. Section 390.20 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
  5.  NEGOTIATED  SENTENCE  OF  IMPRISONMENT. IN ANY CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE  AND  NOTWITHSTANDING  THE  PROVISIONS  OF
SUBPARAGRAPHS  (I)  OF  PARAGRAPHS  (A)  AND (B) OF SUBDIVISION THREE OF
SECTION 65.00 OF THE PENAL LAW, A PRE-SENTENCE INVESTIGATION AND WRITTEN
REPORT THEREON SHALL NOT BE REQUIRED  WHERE  A  NEGOTIATED  SENTENCE  OF
IMPRISONMENT  FOR  A  TERM  OF THREE HUNDRED SIXTY-FIVE DAYS OR LESS HAS
BEEN MUTUALLY AGREED UPON BY THE PARTIES WITH CONSENT OF THE JUDGE, AS A
RESULT OF A CONVICTION OR REVOCATION OF A SENTENCE OF PROBATION.
  S 7. This act shall take effect immediately; provided,  however,  that
sections  one through five of this act shall apply to offenses committed
on or after the date this act shall have become a law,  and  shall  also
apply  to  offenses  committed before such date, where the sentence upon
conviction for such offense has not  yet  been  imposed;  and  provided,
further, that section six of this act shall take effect on the ninetieth
day after it shall have become a law.

Co-Sponsors

A4582B (ACTIVE) - Bill Details

See Senate Version of this Bill:
S4664A
Law Section:
Penal Law
Laws Affected:
Amd §65.00, Pen L; amd §§410.70 & 390.20, CP L
Versions Introduced in 2011-2012 Legislative Session:
A8089

A4582B (ACTIVE) - Bill Texts

view summary

Relates to imposing sentences of probation and to waiving pre-sentence investigations and written reports thereon in any city having a population of one million or more for certain offenses.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4582--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

Introduced by M. of A. O'DONNELL, AUBRY -- read once and referred to the
  Committee  on  Correction -- reported and referred to the Committee on
  Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06252-06-3

A. 4582--B                          2

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
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. Section 390.20 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
  5. NEGOTIATED SENTENCE OF IMPRISONMENT. IN ANY  CITY  HAVING  A  POPU-
LATION  OF  ONE  MILLION  OR  MORE AND NOTWITHSTANDING THE PROVISIONS OF
SUBDIVISION ONE OR TWO OF THIS SECTION, A PRE-SENTENCE INVESTIGATION AND
WRITTEN REPORT THEREON SHALL NOT BE REQUIRED WHERE A NEGOTIATED SENTENCE
OF IMPRISONMENT FOR A TERM OF THREE HUNDRED SIXTY-FIVE DAYS OR LESS  HAS
BEEN MUTUALLY AGREED UPON BY THE PARTIES WITH CONSENT OF THE JUDGE, AS A
RESULT OF A CONVICTION OR REVOCATION OF A SENTENCE OF PROBATION.
  S  7.  This act shall take effect immediately; provided, however, that
sections one through five of this act shall apply to offenses  committed
on  or  after  the date this act shall have become a law, and shall also
apply to offenses committed before such date, where  the  sentence  upon
conviction  for  such  offense  has  not yet been imposed; and provided,
further, that section six of this act shall take effect on the ninetieth
day after it shall have become a law.

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