Senate Bill S5109

2013-2014 Legislative Session

Relates to permissible conditions the court may impose in connection with an adjournment in contemplation of dismissal

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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

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2013-S5109 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง170.55, CP L

2013-S5109 (ACTIVE) - Summary

Relates to permissible conditions the court may impose in connection with an adjournment in contemplation of dismissal.

2013-S5109 (ACTIVE) - Sponsor Memo

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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