Provides that where a court imposes a certain sentence for certain misdemeanors and felonies, the court may impose a sentence of probation or conditional discharge provided that the term of probation or conditional discharge together with the term of imprisonment shall not exceed the term of probation or conditional discharge.
STATE OF NEW YORK
________________________________________________________________________
1125
2017-2018 Regular Sessions
IN ASSEMBLY
January 10, 2017
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to revocable sentences of
probation or conditional discharge and imprisonment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 2 of section 60.01 of the
2 penal law, as amended by chapter 65 of the laws of 1982, is amended to
3 read as follows:
4 (d) In any case where the court imposes a sentence of imprisonment not
5 in excess of sixty days[,] for a class B misdemeanor, or not in excess
6 of ninety days for a class A misdemeanor, or not in excess of [six] nine
7 months for a felony or in the case of a sentence of intermittent impri-
8 sonment not in excess of four months, it may also impose a sentence of
9 probation or conditional discharge provided that the term of probation
10 or conditional discharge together with the term of imprisonment shall
11 not exceed the term of probation or conditional discharge authorized by
12 article sixty-five of this chapter. The sentence of imprisonment shall
13 be a condition of and run concurrently with the sentence of probation or
14 conditional discharge.
15 § 2. This act shall take effect on the first of November next succeed-
16 ing the date on which it shall have become a law, and shall apply only
17 to offenses committed on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04430-01-7
