Authorizes imposition of a sentence of conditional discharge pending the completion of a substance abuse treatment program licensed by the office of alcoholism and substance abuse services and approved by the division of probation and correctional alternatives for first or second conviction of certain controlled substance possession or marihuana possession offenses provided such offender has no prior violent felony convictions.
Ayes (4): Rivera, Hassell-Thompson, Montgomery, Espaillat
Ayes W/R (2): Kennedy, Peralta
Nays (8): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie
TITLE OF BILL: An act to amend the penal law, in relation to the offense of unauthorized use of a vehicle in third degree
PURPOSE: This bill will adds that a person is guilty of unauthorized use of a vehicle in the third degree if he or she enters in or remains in a vehicle knowing that the owner has not given consent.
SUMMARY OF PROVISIONS: Section 165.05 of the penal law, as amended by chapter 413 of the laws of 1982, is amended to provide that a person is guilty of unauthorized use of a vehicle in the third degree if he or she enters in or remains in a vehicle knowing that the owner has not given consent.
JUSTIFICATION: Incidents of unlawful vehicle entry is rising. Individuals search for unlocked vehicles and rummage for purses, wallets, or anything of value. Under current law, if law enforcement comes upon or is alerted to such a crime and nothing has been taken yet, the perpetrator cannot be accurately charged with unauthorized use of a vehicle in the third degree for simply entering or remaining in the vehicle without the owner's consent.
This legislation would provide law enforcement with a stronger tool in charging individuals who often repeatedly target vehicles for their contents.
LEGISLATIVE HISTORY: S.6397 of 2012.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1508 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________Introduced by Sens. MONTGOMERY, BRESLIN, DILAN, DUANE, HASSELL-THOMPSON, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the executive law, the criminal procedure law and the penal law, in relation to establishing substance abuse treatment alternatives for certain offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 249-a to read as follows: S 249-A. SUBSTANCE ABUSE TREATMENT ALTERNATIVE PROGRAMS FOR CERTAIN OFFENDERS. 1. THE DIRECTOR SHALL ENTER INTO AGREEMENTS WITH RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAMS TO PROVIDE FOR THE CARE AND TREATMENT OF ELIGIBLE OFFENDERS SENTENCED PURSUANT TO SECTION 60.14 OF THE PENAL LAW. 2. SUCH PROGRAMS SHALL BE LICENSED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND SHALL BE APPROVED BY THE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES. 3. UPON THE SATISFACTORY COMPLETION OF THE COURSE OF TREATMENT, THE ELIGIBLE OFFENDER SHALL HAVE THE COURT IMPOSED SENTENCE OF CONDITIONAL DISCHARGE TERMINATED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 410.90 OF THE CRIMINAL PROCEDURE LAW. S 2. Paragraph (a) of subdivision 3 of section 390.30 of the criminal procedure law, as added by chapter 14 of the laws of 1985, is amended to read as follows: (a) The report of the pre-sentence investigation must contain an anal- ysis of as much of the information gathered in the investigation as the agency that conducted the investigation deems relevant to the question of sentence. WHERE APPROPRIATE, THE REPORT SHALL INCLUDE A TREATMENT PLAN INCLUDING BUT NOT LIMITED TO A LISTING OF AVAILABLE LICENSED SUBSTANCE ABUSE PROGRAMS TO PROVIDE FOR THE CARE AND TREATMENT OF OFFEN-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06133-01-1 S. 1508 2
DERS SENTENCED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION ONE OF SECTION 60.14 OF THE PENAL LAW. The report must also include any other
[imformation]INFORMATION that the court directs to be included and the material required by paragraph (b) of this subdivision which shall be considered part of the report. S 3. The penal law is amended by adding a new section 60.14 to read as follows: S 60.14 AUTHORIZED DEPOSITIONS; CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE. 1. THE SENTENCE OF ANY PERSON CONVICTED OF A VIOLATION OF SECTION 220.03 OF THIS CHAPTER, CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SEVENTH DEGREE, SECTION 220.06 OF THIS CHAPTER, CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FIFTH DEGREE, OR SECTION 221.20 OF THIS CHAPTER, CRIMINAL POSSESSION OF MARIHUANA IN THE THIRD DEGREE, FOR EITHER THE FIRST OR SECOND TIME WHO HAS NO PRIOR CONVICTION FOR ANY OF THE OTHER PROVISIONS OF ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER AND ALSO HAS NO PRIOR VIOLENT FELONY CONVICTION SHALL BE CONDITIONALLY DISCHARGED PROVIDED SUCH PERSON AGREES TO ATTEND, AND SUCCESSFULLY COMPLETES AN ALTERNATIVE PROGRAM OF SUBSTANCE ABUSE TREATMENT APPROVED IN ACCORDANCE WITH SECTION TWO HUNDRED FORTY-NINE-A OF THE EXECUTIVE LAW. 2. THE COURT SHALL IMPOSE SUCH A SENTENCE ON THE CONDITION THAT THE OFFENDER PARTICIPATE IN A SUBSTANCE ABUSE TREATMENT ALTERNATIVE PROGRAM FOR A SPECIFIED PERIOD OF TIME AS DETERMINED BY THE COURT. 3. UPON COMPLETION OF A COURSE OF TREATMENT, THE COURT SHALL TERMINATE THE SENTENCE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 410.90 OF THE CRIMINAL PROCEDURE LAW. IF THE COURT DETERMINES THAT THE OFFENDER ABSCONDED FROM THE SUBSTANCE ABUSE TREATMENT ALTERNATIVE PROGRAM OR THAT THE SENTENCE IS NO LONGER SUITABLE BECAUSE IT ENDANGERS THE SAFETY, SECURITY OR ORDER OF SUCH TREATMENT FACILITY OR THAT THE OFFENDER OTHER- WISE VIOLATES THE TERMS AND CONDITIONS OF THE SENTENCE, THE SENTENCE MAY BE REVOKED. UPON REVOCATION, THE OFFENDER SHALL BE SENTENCED IN ACCORD- ANCE WITH THE OTHER PROVISIONS OF THIS CHAPTER APPLICABLE TO PERSONS CONVICTED OF CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE OR CRIMINAL POSSESSION OF MARIHUANA, AS THE CASE MAY BE. 4. THE COURT SHALL CONDUCT AN ONGOING EVALUATION OF THE PROGRAM. THE COURT SHALL UNDERTAKE STUDIES IN CONJUNCTION WITH THE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES, THE DIVISION OF PAROLE AND THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES TO ENSURE THAT THE PROGRAMMATIC OBJECTIVES ARE MET. S 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.