Bill Text: NY A04966 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides for revocation of probation where a person is convicted of a felony or an offense in another jurisdiction which if committed in this state would constitute a felony, while the defendant is under probation supervision for a felony offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A04966 Detail]

Download: New_York-2013-A04966-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4966
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2013
                                      ___________
       Introduced by M. of A. CUSICK -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
         relation to revocation of probation and re-sentencing upon  conviction
         of a felony while under probation supervision for a felony conviction
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of section 60.01 of the penal law, as amended
    2  by chapter 548 of the laws of 1984, is amended to read as follows:
    3    4. In any case where a person  has  been  sentenced  to  a  period  of
    4  probation imposed pursuant to section 65.00 of this chapter, if the part
    5  of  the  sentence that provides for probation is revoked, the court must
    6  sentence such person to imprisonment or to the sentence of  imprisonment
    7  and  probation  as  provided  for in paragraph (d) of subdivision two of
    8  this section.   PROVIDED, HOWEVER, THAT WHERE  A  PERSON  WHO  HAS  BEEN
    9  SENTENCED TO A PERIOD OF PROBATION UPON CONVICTION OF A FELONY IS SUBSE-
   10  QUENTLY  CONVICTED  OF A FELONY OR IS CONVICTED OF AN OFFENSE IN ANOTHER
   11  JURISDICTION WHICH IF COMMITTED IN THIS STATE WOULD CONSTITUTE A FELONY,
   12  WHICH SUBSEQUENT FELONY IS COMMITTED WHILE  UNDER  HIS  OR  HER  PRESENT
   13  PROBATION  SUPERVISION,  AND A NEW INDETERMINATE OR DETERMINATE SENTENCE
   14  IS IMPOSED FOR SUCH SUBSEQUENT FELONY, THE PART  OF  THE  SENTENCE  THAT
   15  PROVIDED  FOR  PROBATION  SHALL  BE  REVOKED  AND  SUCH  PERSON SHALL BE
   16  SENTENCED TO A TERM OF IMPRISONMENT OF OVER ONE YEAR.  SUCH  TERM  SHALL
   17  RUN CONSECUTIVELY TO THE TERM OF IMPRISONMENT IMPOSED FOR THE SUBSEQUENT
   18  FELONY, UNLESS THE COURT DETERMINES THAT MITIGATING CIRCUMSTANCES EXIST,
   19  IN  WHICH CASE THE COURT MUST PLACE SUCH CIRCUMSTANCES ON THE RECORD AND
   20  A CONCURRENT SENTENCE MAY BE IMPOSED.
   21    S 2.  Section 70.25 of the penal law is amended by adding a new subdi-
   22  vision 6 to read as follows:
   23    6. WHERE A PERSON WHO HAS BEEN SENTENCED  TO  A  PERIOD  OF  PROBATION
   24  IMPOSED  PURSUANT  TO  SECTION  65.00 OF THIS TITLE UPON CONVICTION OF A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05443-01-3
       A. 4966                             2
    1  FELONY IS SUBSEQUENTLY CONVICTED OF A  FELONY  OR  IS  CONVICTED  OF  AN
    2  OFFENSE  IN  ANOTHER JURISDICTION WHICH IF COMMITTED IN THIS STATE WOULD
    3  CONSTITUTE A FELONY, WHICH SUBSEQUENT FELONY IS  COMMITTED  WHILE  UNDER
    4  HIS  OR  HER  PRESENT  PROBATION SUPERVISION, AND A NEW INDETERMINATE OR
    5  DETERMINATE SENTENCE IS IMPOSED FOR SUCH SUBSEQUENT FELONY, THE PART  OF
    6  THE  SENTENCE  THAT  PROVIDED  FOR  PROBATION SHALL BE REVOKED, AND SUCH
    7  PERSON SHALL BE SENTENCED TO A TERM OF IMPRISONMENT OF  OVER  ONE  YEAR.
    8  SUCH  TERM  SHALL  RUN CONSECUTIVELY TO THE TERM OF IMPRISONMENT IMPOSED
    9  FOR THE SUBSEQUENT FELONY, UNLESS THE COURT DETERMINES  THAT  MITIGATING
   10  CIRCUMSTANCES  EXIST,  IN  WHICH  CASE THE COURT MUST PLACE SUCH CIRCUM-
   11  STANCES ON THE RECORD AND A CONCURRENT SENTENCE MAY BE IMPOSED.
   12    S 3. Subdivision 2 of section 410.10 of the criminal procedure law  is
   13  amended to read as follows:
   14    2.   Commission of an additional offense, other than a traffic infrac-
   15  tion, after imposition of a sentence  of  probation  or  of  conditional
   16  discharge,  and  prior to expiration or termination of the period of the
   17  sentence, constitutes a ground for revocation of such sentence irrespec-
   18  tive of whether such fact is specified as a condition of  the  sentence.
   19  CONVICTION  OF A SUBSEQUENT FELONY OR OF AN OFFENSE IN ANOTHER JURISDIC-
   20  TION WHICH IF COMMITTED IN THIS STATE WOULD CONSTITUTE A  FELONY,  WHILE
   21  THE DEFENDANT IS UNDER PROBATION SUPERVISION FOR A FELONY OFFENSE, SHALL
   22  RESULT IN REVOCATION OF PROBATION UPON IMPOSITION OF AN INDETERMINATE OR
   23  DETERMINATE SENTENCE FOR THE SUBSEQUENT OFFENSE.
   24    S  4. Subdivision 1 of section 410.70 of the criminal procedure law is
   25  amended to read as follows:
   26    1. In general. The court may not revoke a sentence of probation  or  a
   27  sentence  of  conditional  discharge unless (a) the court has found that
   28  the defendant has violated a  condition  of  the  sentence  OR  (B)  THE
   29  DEFENDANT WHILE UNDER PROBATION SUPERVISION IMPOSED UPON CONVICTION OF A
   30  FELONY  HAS BEEN CONVICTED OF A SUBSEQUENT FELONY, OR IS CONVICTED OF AN
   31  OFFENSE IN ANOTHER JURISDICTION WHICH IF COMMITTED IN THIS  STATE  WOULD
   32  CONSTITUTE  A FELONY, and [(b)] (C) the defendant has had an opportunity
   33  to be heard. The defendant is entitled to a hearing in  accordance  with
   34  this  section promptly after the court has filed a declaration of delin-
   35  quency or has committed him OR HER or has fixed bail  pursuant  to  this
   36  article.
   37    S 5. Subdivision 1 of section 410.90 of the criminal procedure law, as
   38  amended  by  chapter  238  of  the  laws  of 1980, is amended to read as
   39  follows:
   40    1. The court may at any time terminate either a period  of  probation,
   41  other  than a period of lifetime probation, for conviction to a crime or
   42  a period of conditional discharge for an offense, EXCEPT THAT CONVICTION
   43  OF A SUBSEQUENT FELONY OR CONVICTION OF AN OFFENSE IN ANOTHER  JURISDIC-
   44  TION  WHICH  IF COMMITTED IN THIS STATE WOULD CONSTITUTE A FELONY, WHICH
   45  SUBSEQUENT FELONY IS COMMITTED WHILE UNDER HIS OR HER PRESENT  PROBATION
   46  SUPERVISION  FOR  A  FELONY  OFFENSE,  SHALL  RESULT  IN  REVOCATION  OF
   47  PROBATION UPON IMPOSITION OF AN INDETERMINATE  OR  DETERMINATE  SENTENCE
   48  FOR THE SUBSEQUENT OFFENSE PURSUANT TO SUBDIVISION FOUR OF SECTION 60.01
   49  OF THE PENAL LAW, AND SHALL NOT RESULT IN THE TERMINATION OF PROBATION.
   50    S  6.  This  act shall take effect on the ninetieth day after it shall
   51  have become a law.