Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 12, 2014 |
referred to codes delivered to assembly passed senate |
May 28, 2014 |
advanced to third reading |
May 21, 2014 |
2nd report cal. |
May 20, 2014 |
1st report cal.908 |
May 14, 2014 |
referred to codes |
Senate Bill S7428
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-S7428 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §65.15, Pen L
- Versions Introduced in 2015-2016 Legislative Session:
-
S5173
2013-S7428 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7428 TITLE OF BILL: An act to amend the penal law, in relation to an ignition interlock device as a condition of probation or conditional discharge This measure is being introduced at the request of the Chief Administra- tive Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure. This measure would amend section 65.15 of the Penal Law to provide that where a sentence includes a condition that an ignition interlock device be installed and maintained on a vehicle the defendant owns or operates, and where a declaration of delinquency is later filed, the sentence condition will continue in effect during the period of any delinquency and the installation period will be extended by the period of the delin- quency. The Child Passenger Protection Act (Leandra's Law) provides, in relevant part, that a defendant convicted of a DWI offense under VTL §§ 1192(2), (2-a) or (3) must be sentenced to a period of probation or conditional discharge that includes a condition that the defendant install an ignition interlock device (IID) on any automobile he or she owns or operates (L. 2009, c. 496). The statute requires the court to maintain the interlock condition for at least twelve months, but may release the defendant from the condition if the defendant establishes the successful
2013-S7428 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7428 I N S E N A T E May 14, 2014 ___________ 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 penal law, in relation to an ignition interlock device as a condition of probation or conditional discharge THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 65.15 of the penal law, as amended by chapter 1097 of the laws of 1971, is amended to read as follows: 2. When a person has violated the conditions of his OR HER probation or conditional discharge and is declared delinquent by the court, the declaration of delinquency shall interrupt the period of the sentence as of the date of the delinquency and such interruption shall continue until a final determination as to the delinquency has been made by the court pursuant to a hearing held in accordance with the provisions of the criminal procedure law. ANY ORDER FOR THE INSTALLATION AND MAINTE- NANCE OF A FUNCTIONING IGNITION INTERLOCK DEVICE IMPOSED PURSUANT TO SECTION 60.21 OF THIS TITLE SHALL REMAIN IN EFFECT THROUGHOUT THE DELIN- QUENCY AND SHALL EXTEND THE PERIOD OF SUCH INSTALLATION AND MAINTENANCE BY THE PERIOD OF SUCH DELINQUENCY. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13856-01-4
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