STATE OF NEW YORK
________________________________________________________________________
2100
2013-2014 Regular Sessions
IN SENATE
January 10, 2013
___________
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:
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
20 is in excess of three months, otherwise the period of probation shall be
21 one year.
22 § 4. Subdivision 4 of section 65.00 of the penal law is renumbered
23 subdivision 5 and a new subdivision 4 is added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06252-01-3
S. 2100 2
1 4. If during the periods of probation referenced in subparagraph (i)
2 of paragraph (a), subparagraph (i) of paragraph (b) and paragraph (d) of
3 subdivision three of this section an alleged violation is sustained and
4 the court continues or modifies the sentence, the court may extend the
5 remaining period of probation up to the maximum term authorized by this
6 section.
7 § 5. Subdivision 5 of section 410.70 of the criminal procedure law, as
8 amended by chapter 112 of the laws of 1985, is amended to read as
9 follows:
10 5. Revocation; modification; continuation. At the conclusion of the
11 hearing the court may revoke, continue or modify the sentence of
12 probation or conditional discharge. Where the court revokes the
13 sentence, it must impose sentence as specified in subdivisions three and
14 four of section 60.01 of the penal law. Where the court continues or
15 modifies the sentence, it must vacate the declaration of delinquency and
16 direct that the defendant be released. If the alleged violation is
17 sustained and the court continues or modifies the sentence, it may
18 extend the sentence up to the period of interruption specified in subdi-
19 vision two of section 65.15 of the penal law, but any time spent in
20 custody in any correctional institution pursuant to section 410.60 of
21 this article shall be credited against the term of the sentence.
22 Provided further, where the alleged violation is sustained and the court
23 continues or modifies the sentence, the court may also extend the
24 remaining period of probation up to the maximum term authorized by
25 section 65.00 of the penal law.
26 § 6. This act shall take effect immediately; provided, however, that
27 it shall apply to offenses committed on or after the date this act shall
28 have become a law, and provided, further, however, that it shall also
29 apply to offenses committed before such date, where the sentence upon
30 conviction for such offense is imposed no earlier than ten days after
31 such date.
