Bill Text: NY A07453 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to second felony drug offenders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-09-16 - print number 7453a [A07453 Detail]

Download: New_York-2021-A07453-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7453

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 10, 2021
                                       ___________

        Introduced  by M. of A. AUBRY -- read once and referred to the Committee
          on Codes

        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation  to second felony drug offenders; and to repeal subdivision 4
          of section 70.70 of the penal law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (a)  of  subdivision 3 of section 70.70 of the
     2  penal law, as amended by section 23 of part AAA of  chapter  56  of  the
     3  laws of 2009, is amended to read as follows:
     4    (a)  Applicability.  This  subdivision  shall apply to a second felony
     5  drug offender [whose prior felony conviction was not a violent felony].
     6    § 2.  Subdivision 4 of section 70.70 of the penal law is REPEALED.
     7    § 3. Paragraph (a) of subdivision 1 of section 216.00 of the  criminal
     8  procedure  law,  as  added by section 4 of part AAA of chapter 56 of the
     9  laws of 2009,  is amended to read as follows:
    10    (a) within the preceding ten years, excluding any  time  during  which
    11  the offender was incarcerated for any reason between the time of commis-
    12  sion  of  the  previous felony and the time of commission of the present
    13  felony, has previously been convicted of[: (i) a violent felony  offense
    14  as  defined  in section 70.02 of the penal law or (ii) any other offense
    15  for which a merit time allowance is not available pursuant  to  subpara-
    16  graph  (ii) of paragraph (d) of subdivision one of section eight hundred
    17  three of the correction law, or (iii)] a class A felony offense  defined
    18  in article two hundred twenty of the penal law; or
    19    § 4. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10599-02-1