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 |
Senate Bill S6346
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S6346 (ACTIVE) - 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)
2013-S6346 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6346 TITLE OF BILL: 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 circumstances, as proposed in legislative bills numbers S. 4664-A and A. 4582-B, in relation to the effectiveness thereof SUMMARY OF PROVISIONS: Excerpt from Governor's approval message: "This bill gives judges greater discretion in determining the length of a probationary sentence for certain felony and misdemeanor offenses. It will improve public safety by enabling probation departments to more efficiently and effectively provide supervision to probationers who need it, rather than expending supervision resources on low risk offenders who may not require supervision for such a lengthy period of time. However, the bill does not make it clear that before a court modifies a sentence by lengthening it, should that be necessary, it must afford a defendant due process. Nor does the bill make it clear that if a probation term is so extended, an offender must receive credit for any time he or she spent under supervision or while incarcerated for an alleged violation of probation. To ensure that this initiative is
2013-S6346 (ACTIVE) - 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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