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Senate Bill S5837

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 Senate Committee Codes Committee

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2019-S5837 (ACTIVE) - Details

See Assembly Version of this Bill:
A10879
Current Committee:
Senate 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:
S2801, A5705

2019-S5837 (ACTIVE) - Summary

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

2019-S5837 (ACTIVE) - Sponsor Memo

2019-S5837 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5837
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced by Sens. BAILEY, RAMOS -- read twice and ordered printed, and
   when printed to be committed 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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