Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2016 |
referred to codes |
Jan 13, 2015 |
referred to codes |
Senate Bill S1598
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2015-S1598 (ACTIVE) - Details
2015-S1598 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1598 TITLE OF BILL: An act to amend the criminal procedure law, in relation to interim probation supervision PURPOSE: To have the time period that a court is limited to adjourn sentencing and place a defendant on interim probation supervision be one year from the date the defendant is actually placed on interim probation supervision instead of the date the conviction is entered. SUMMARY OF SPECIFIC PROVISIONS: Section 1:Amends paragraph (a) of subdivision 6 of section 390.30 of the Criminal Procedure Law to provide that when a court adjourns sentencing and places a defendant on interim probation supervision, the time that the court is limited to adjourn sentencing is one year from the date the defendant is actually placed on interim probation supervision, not the date the conviction is entered. Section 2:Effective date. JUSTIFICATION: Often when a defendant is to be placed on interim probation
2015-S1598 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1598 2015-2016 Regular Sessions I N S E N A T E January 13, 2015 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to interim probation supervision THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 6 of section 390.30 of the criminal procedure law, as separately amended by section 1 of part O and section 5 of part AAA of chapter 56 of the laws of 2009, is amended to read as follows: (a) In any case where the court determines that a defendant is eligi- ble for a sentence of probation, the court, after consultation with the prosecutor and upon the consent of the defendant, may adjourn the sentencing to a specified date and order that the defendant be placed on interim probation supervision. In no event may the sentencing be adjourned for a period exceeding one year from the date the [conviction is entered] DEFENDANT IS PLACED ON INTERIM PROBATION SUPERVISION, except that upon good cause shown, the court may, upon the defendant's consent, extend the period for an additional one year where the defendant has agreed to and is still participating in a substance abuse treatment program in connection with a court designated a drug court by the chief administrator of the courts. When ordering that the defendant be placed on interim probation supervision, the court shall impose all of the conditions relating to supervision specified in subdivision three of section 65.10 of the penal law and the court may impose any or all of the conditions relating to conduct and rehabilitation specified in subdivisions two, four, five and five-a of section 65.10 of such law. The defendant must receive a written copy of any such conditions at the time he or she is placed on interim probation supervision. The defend- ant's record of compliance with such conditions, as well as any other relevant information, shall be included in the presentence report, or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03101-01-5
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