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Assembly Bill A10879

2019-2020 Legislative Session

Relates to work related labor protests not being considered a parole violation

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Archive: Last Bill Status - In Assembly Committee

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2019-A10879 (ACTIVE) - Details

See Senate Version of this Bill:
S5837
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §410.10, CP L; add §209, amd §274, Cor L; add §259-t, Exec L
Versions Introduced in 2021-2022 Legislative Session:
A5705, S2801

2019-A10879 (ACTIVE) - Summary

Relates to work related labor protests not being considered a parole violation.

2019-A10879 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10879
 
                           I N  A S S E M B L Y
 
                               July 24, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Joyner) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, the correction law, and  the
   executive  law,  in  relation to work related labor protests not being
   considered a parole violation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 410.10 of the criminal procedure law is amended by
 adding a new subdivision 4 to read as follows:
   4. WHEN THE COURT PRONOUNCES A SENTENCE OF  PROBATION  OR  CONDITIONAL
 DISCHARGE,  THE  COURT  SHALL  PROVIDE  THAT WORK RELATED LABOR PROTESTS
 SHALL NOT BE CONSIDERED A VIOLATION OF SUCH  SENTENCE  OF  PROBATION  OR
 CONDITIONAL DISCHARGE.
   § 2. The correction law is amended by adding a new section 209 to read
 as follows:
   §  209.  PERMITTED ACTIVITIES. WHERE ANY PERSON IS GRANTED PRESUMPTIVE
 RELEASE, PAROLE, CONDITIONAL RELEASE OR RELEASE TO  POST-RELEASE  SUPER-
 VISION,  SUCH  PERSON  SHALL NOT BE DEEMED TO BE IN VIOLATION OF AND THE
 DEPARTMENT SHALL NOT TERMINATE SUCH GRANTED PRESUMPTIVE RELEASE, PAROLE,
 CONDITIONAL  RELEASE  OR  RELEASE  TO  POST-RELEASE  SUPERVISION  SOLELY
 BECAUSE SUCH PERSON PARTICIPATED IN WORK RELATED LABOR PROTESTS.
   §  3.  Section  274  of  the correction law is amended by adding a new
 subdivision 11 to read as follows:
   11. THE COMMISSION, OR ANY MEMBER THEREOF, SHALL NOT DETERMINE THAT  A
 PERSON WHO HAS BEEN CONDITIONALLY RELEASED HAS LAPSED INTO CRIMINAL WAYS
 OR  COMPANY,  OR  HAS  VIOLATED  ONE  OR  MORE CONDITIONS OF CONDITIONAL
 RELEASE BECAUSE SUCH PERSON PARTICIPATED IN WORK RELATED LABOR PROTESTS.
   § 4. The executive law is amended by adding a  new  section  259-t  to
 read as follows:
   § 259-T. PERMITTED ACTIVITIES. WHERE ANY PERSON IS GRANTED PRESUMPTIVE
 RELEASE,  PAROLE,  CONDITIONAL  RELEASE,  RELEASE TO POST-RELEASE SUPER-
 VISION OR ANY OTHER TYPE OF  SUPERVISED  RELEASE,  THE  STATE  BOARD  OF
 PAROLE SHALL NOT DEEM A PERSON TO BE IN VIOLATION OF AND THE STATE BOARD
 OF  PAROLE SHALL NOT TERMINATE SUCH GRANTED PRESUMPTIVE RELEASE, PAROLE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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