Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 19, 2014 |
referred to codes |
Jun 18, 2014 |
delivered to assembly passed senate |
May 28, 2014 |
advanced to third reading |
May 21, 2014 |
2nd report cal. |
May 20, 2014 |
1st report cal.904 |
Jan 08, 2014 |
referred to codes |
May 10, 2013 |
referred to codes |
Senate Bill S5109
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S5109 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยง170.55, CP L
2013-S5109 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5109 TITLE OF BILL: An act to amend the criminal procedure law, in relation to permissible conditions the court may impose in connection with an adjournment in contemplation of dismissal This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure. This measure would amend section 170.55 of the Criminal Procedure Law to provide courts with greater flexibility to set appropriate conditions when granting an adjournment in contemplation of dismissal. Currently, when granting an adjournment in contemplation of dismissal, the law allows a court to impose conditions in only a few limited circumstances. For instance, the court may impose conditions as part of a temporary order of protection (CPL 170.55 (3)), and in connection with a family offense involving domestic violence, the court may require that a defendant participate in an educational program addressing the issues of spousal abuse and family violence (CPL 170.55(4)). For non-family offenses, the court is authorized to require a defendant to participate in dispute resolution (CPL 170.55(5)), perform certain types of community service (CPL 170.55(6)) or attend an alcohol awareness program if the defendant is under the age of twenty-one (CPL 170.55(7)). Unfortunately, for cases that do
2013-S5109 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5109 2013-2014 Regular Sessions I N S E N A T E May 10, 2013 ___________ Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to permissible conditions the court may impose in connection with an adjournment in contemplation of dismissal THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 8 and 9 of section 170.55 of the criminal procedure law, subdivision 8 as renumbered by chapter 683 of the laws of 1990 are renumbered subdivisions 10 and 11, and two new subdivisions 8 and 9 are added to read as follows: 8. THE COURT MAY, AS A CONDITION OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL, ORDER A DEFENDANT TO PARTICIPATE IN AN EDUCATIONAL PROGRAM, TREATMENT PROGRAM OR OTHER PROGRAM REASONABLY RELATED TO THE DEFENDANT'S REHABILITATION. THE COURT MAY NOT IMPOSE SUCH CONDITIONS IN EXCESS OF THE LENGTH OF THE ADJOURNMENT IN CONTEMPLATION OF DISMISSAL. 9. THE COURT MAY, AS A CONDITION OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL, ORDER A DEFENDANT TO PAY RESTITUTION OF THE FRUITS OF HIS OR HER OFFENSE OR MAKE REPARATION, IN AN AMOUNT HE OR SHE CAN AFFORD TO PAY, OF THE ACTUAL OUT-OF-POCKET LOSS CAUSED BY THE OFFENSE. S 2. This act shall take effect immediately, and shall apply to all offenses committed on or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10117-01-3
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