Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 04, 2012 |
referred to codes |
Senate Bill S6880
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- 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
2011-S6880 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8089
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §65.00, Pen L; amd §410.70, CP L
- Versions Introduced in 2013-2014 Legislative Session:
-
S2100, A4582
2011-S6880 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6880 TITLE OF BILL: 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 SUMMARY OF PROVISIONS: The bill would amend PL § 65.00 to provide the court with the discretion to impose a probation term of three, four or five years for a felony. This would only apply to felonies other than (1) Class A-II felonies defined in PL Article 220; (2) the Class B felony defined in PL § 220.48; (3) any other Class B felony defined in PL Article 220 committed by a second felony drug offender; or (4) any felony involving a sexual assault. Section 2 of the bill would provide the court with the discretion to impose a probation term of two or three years for a class A misdemeanor other than a sexual assault. Section 3 of the bill would give the court the discretion to impose a probation term of two or three years for an unclassified misdemeanor, for which the authorized sentence of imprisonment is greater than three months.
2011-S6880 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6880 I N S E N A T E April 4, 2012 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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: 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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