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S04664 Summary:

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S04664 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4664--A
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                     April 17, 2013
                                       ___________
 
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          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; and to amend the criminal proce-
          dure law, in  relation  to  pre-sentence  investigations  and  written
          reports thereon in any city having a population of one million or more
 
          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.
                                                                   LBD10220-03-3
        S. 4664--A                          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.