Relates to imposing sentences of probation and to waiving pre-sentence investigations and written reports thereon in any city having a population of one million or more for certain offenses.
STATE OF NEW YORK
________________________________________________________________________
4582--B
2013-2014 Regular Sessions
IN ASSEMBLY
February 6, 2013
___________
Introduced by M. of A. O'DONNELL, AUBRY -- read once and referred to the
Committee on Correction -- reported and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
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:
1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 3 of
2 section 65.00 of the penal law, as amended by section 20 of part AAA of
3 chapter 56 of the laws of 2009, is amended to read as follows:
4 (i) For a felony, other than a class A-II felony defined in article
5 two hundred twenty of this chapter or the class B felony defined in
6 section 220.48 of this chapter, or any other class B felony defined in
7 article two hundred twenty of this chapter committed by a second felony
8 drug offender, or a sexual assault, the period of probation shall be a
9 term of three, four or five years;
10 § 2. Subparagraph (i) of paragraph (b) of subdivision 3 of section
11 65.00 of the penal law, as amended by chapter 264 of the laws of 2003,
12 is amended to read as follows:
13 (i) For a class A misdemeanor, other than a sexual assault, the period
14 of probation shall be a term of two or three years;
15 § 3. Paragraph (d) of subdivision 3 of section 65.00 of the penal law,
16 as amended by chapter 264 of the laws of 2003, is amended to read as
17 follows:
18 (d) For an unclassified misdemeanor, the period of probation shall be
19 a term of two or three years if the authorized sentence of imprisonment
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06252-06-3
A. 4582--B 2
1 is in excess of three months, otherwise the period of probation shall be
2 one year.
3 § 4. Subdivision 4 of section 65.00 of the penal law is renumbered
4 subdivision 5 and a new subdivision 4 is added to read as follows:
5 4. If during the periods of probation referenced in subparagraph (i)
6 of paragraph (a), subparagraph (i) of paragraph (b) and paragraph (d) of
7 subdivision three of this section an alleged violation is sustained and
8 the court continues or modifies the sentence, the court may extend the
9 remaining period of probation up to the maximum term authorized by this
10 section.
11 § 5. Subdivision 5 of section 410.70 of the criminal procedure law, as
12 amended by chapter 112 of the laws of 1985, is amended to read as
13 follows:
14 5. Revocation; modification; continuation. At the conclusion of the
15 hearing the court may revoke, continue or modify the sentence of
16 probation or conditional discharge. Where the court revokes the
17 sentence, it must impose sentence as specified in subdivisions three and
18 four of section 60.01 of the penal law. Where the court continues or
19 modifies the sentence, it must vacate the declaration of delinquency and
20 direct that the defendant be released. If the alleged violation is
21 sustained and the court continues or modifies the sentence, it may
22 extend the sentence up to the period of interruption specified in subdi-
23 vision two of section 65.15 of the penal law, but any time spent in
24 custody in any correctional institution pursuant to section 410.60 of
25 this article shall be credited against the term of the sentence.
26 Provided further, where the alleged violation is sustained and the court
27 continues or modifies the sentence, the court may also extend the
28 remaining period of probation up to the maximum term authorized by
29 section 65.00 of the penal law.
30 § 6. Section 390.20 of the criminal procedure law is amended by adding
31 a new subdivision 5 to read as follows:
32 5. Negotiated sentence of imprisonment. In any city having a popu-
33 lation of one million or more and notwithstanding the provisions of
34 subdivision one or two of this section, a pre-sentence investigation and
35 written report thereon shall not be required where a negotiated sentence
36 of imprisonment for a term of three hundred sixty-five days or less has
37 been mutually agreed upon by the parties with consent of the judge, as a
38 result of a conviction or revocation of a sentence of probation.
39 § 7. This act shall take effect immediately; provided, however, that
40 sections one through five of this act shall apply to offenses committed
41 on or after the date this act shall have become a law, and shall also
42 apply to offenses committed before such date, where the sentence upon
43 conviction for such offense has not yet been imposed; and provided,
44 further, that section six of this act shall take effect on the ninetieth
45 day after it shall have become a law.
