Bill Text: NY S00365 | 2019-2020 | General Assembly | Introduced
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 (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00365 Detail]
Download: New_York-2019-S00365-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 365 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed 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 § 2. Section 70.25 of the penal law is amended by adding a new subdi- 22 vision 6 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03265-01-9S. 365 2 1 6. Where a person who has been sentenced to a period of probation 2 imposed pursuant to section 65.00 of this title upon conviction of a 3 felony is subsequently convicted of a felony or is convicted of an 4 offense in another jurisdiction which if committed in this state would 5 constitute a felony, which subsequent felony is committed while under 6 his or her present probation supervision, and a new indeterminate or 7 determinate sentence is imposed for such subsequent felony, the part of 8 the sentence that provided for probation shall be revoked, and such 9 person shall be sentenced to a term of imprisonment of over one year. 10 Such term shall run consecutively to the term of imprisonment imposed 11 for the subsequent felony, unless the court determines that mitigating 12 circumstances exist, in which case the court must place such circum- 13 stances on the record and a concurrent sentence may be imposed. 14 § 3. Subdivision 2 of section 410.10 of the criminal procedure law is 15 amended to read as follows: 16 2. Commission of an additional offense, other than a traffic infrac- 17 tion, after imposition of a sentence of probation or of conditional 18 discharge, and prior to expiration or termination of the period of the 19 sentence, constitutes a ground for revocation of such sentence irrespec- 20 tive of whether such fact is specified as a condition of the sentence. 21 Conviction of a subsequent felony or of an offense in another jurisdic- 22 tion which if committed in this state would constitute a felony, while 23 the defendant is under probation supervision for a felony offense, shall 24 result in revocation of probation upon imposition of an indeterminate or 25 determinate sentence for the subsequent offense. 26 § 4. Subdivision 1 of section 410.70 of the criminal procedure law, as 27 amended by chapter 17 of the laws of 2014, is amended to read as 28 follows: 29 1. In general. The court may not revoke a sentence of probation or a 30 sentence of conditional discharge, or extend a period of probation, 31 unless (a) the court has found that the defendant has violated a condi- 32 tion of the sentence or (b) the defendant while under probation super- 33 vision imposed upon conviction of a felony has been convicted of a 34 subsequent felony, or is convicted of an offense in another jurisdiction 35 which if committed in this state would constitute a felony, and [(b)] 36 (c) the defendant has had an opportunity to be heard pursuant to this 37 section. The defendant is entitled to a hearing in accordance with this 38 section promptly after the court has filed a declaration of delinquency 39 or has committed him or her or has fixed bail pursuant to this article. 40 § 5. Subdivision 1 of section 410.90 of the criminal procedure law, as 41 amended by chapter 238 of the laws of 1980, is amended to read as 42 follows: 43 1. The court may at any time terminate either a period of probation, 44 other than a period of lifetime probation, for conviction to a crime or 45 a period of conditional discharge for an offense, except that conviction 46 of a subsequent felony or conviction of an offense in another jurisdic- 47 tion which if committed in this state would constitute a felony, which 48 subsequent felony is committed while under his or her present probation 49 supervision for a felony offense, shall result in revocation of 50 probation upon imposition of an indeterminate or determinate sentence 51 for the subsequent offense pursuant to subdivision four of section 60.01 52 of the penal law, and shall not result in the termination of probation. 53 § 6. This act shall take effect on the ninetieth day after it shall 54 have become a law.
