senate Bill S6346

Signed By Governor
2013-2014 Legislative Session

Relates to probation sentences and the revocation thereof

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 17, 2014 signed chap.17
Mar 12, 2014 delivered to governor
Feb 10, 2014 returned to senate
passed assembly
ordered to third reading cal.409
substituted for a8395
Jan 28, 2014 referred to codes
delivered to assembly
passed senate
Jan 23, 2014 ordered to third reading cal.54
Jan 17, 2014 referred to rules

S6346 - Details

See Assembly Version of this Bill:
A8395
Law Section:
Penal Law
Laws Affected:
Amd §65.00, Pen L; amd §410.70, CP L; amd §7, Chap of 2013 (proposed in S. 4664-A & A. 4582-B)

S6346 - Summary

Relates to probation sentences and the revocation thereof.

S6346 - Sponsor Memo

S6346 - Bill Text download pdf

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

                                  6346

                            I N  S E N A T E

                            January 17, 2014
                               ___________

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

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation  to terms of probation sentences and revocations thereof; and
  to amend a chapter of the laws of 2013, relating to establishing terms
  of probation sentences and revocations thereof under  certain  circum-
  stances,  as  proposed  in  legislative bills numbers S. 4664-A and A.
  4582-B, in relation to the effectiveness thereof

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

  Section  1.  Subdivision 4 of section 65.00 of the penal law, as added
by a chapter of the laws of  2013  relating  to  establishing  terms  of
probation sentences and revocations thereof under certain circumstances,
as  proposed  in  legislative  bills numbers S. 4664-A and A. 4582-B, is
amended 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
FOLLOWING A HEARING PURSUANT TO SECTION 410.70 OF THE CRIMINAL PROCEDURE
LAW and the court continues or modifies  the  sentence,  the  court  may
extend  the remaining period of probation up to the maximum term author-
ized by this section.   PROVIDED, HOWEVER,  A  DEFENDANT  SHALL  RECEIVE
CREDIT  FOR  THE  TIME  DURING  WHICH HE OR SHE WAS SUPERVISED UNDER THE
ORIGINAL PROBATION SENTENCE PRIOR TO ANY DECLARATION OF DELINQUENCY  AND
FOR  ANY  TIME  SPENT IN CUSTODY PURSUANT TO THIS ARTICLE FOR AN ALLEGED
VIOLATION OF PROBATION.
  S 2. Subdivision 1 of section 410.70 of the criminal procedure law  is
amended to read as follows:
  1.  In  general. The court may not revoke a sentence of probation or a
sentence of conditional discharge, OR  EXTEND  A  PERIOD  OF  PROBATION,
unless  (a) the court has found that the defendant has violated a condi-
tion of the sentence and (b) the defendant has had an opportunity to  be
heard  PURSUANT TO THIS SECTION.  The defendant is entitled to a hearing
in accordance with this section promptly after the  court  has  filed  a

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

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