Bill Text: NY S02633 | 2017-2018 | 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 (Republican 2-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S02633 Detail]

Download: New_York-2017-S02633-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2633
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced by Sens. LANZA, LARKIN -- 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:
    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.
                                                                   LBD02456-01-7
        S. 2633                             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    § 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    § 4. Subdivision 1 of section 410.70 of the criminal procedure law, as
    25  amended  by  chapter  17  of  the  laws  of  2014, is amended to read as
    26  follows:
    27    1. In general. The court may not revoke a sentence of probation  or  a
    28  sentence  of  conditional  discharge,  or  extend a period of probation,
    29  unless (a) the court has found that the defendant has violated a  condi-
    30  tion  of  the sentence or (b) the defendant while under probation super-
    31  vision imposed upon conviction of a  felony  has  been  convicted  of  a
    32  subsequent felony, or is convicted of an offense in another jurisdiction
    33  which  if  committed  in this state would constitute a felony, and [(b)]
    34  (c) the defendant has had an opportunity to be heard  pursuant  to  this
    35  section.  The defendant is entitled to a hearing in accordance with this
    36  section promptly after the court has filed a declaration of  delinquency
    37  or has committed him or her or has fixed bail pursuant to this article.
    38    § 5. Subdivision 1 of section 410.90 of the criminal procedure law, as
    39  amended  by  chapter  238  of  the  laws  of 1980, is amended to read as
    40  follows:
    41    1. The court may at any time terminate either a period  of  probation,
    42  other  than a period of lifetime probation, for conviction to a crime or
    43  a period of conditional discharge for an offense, except that conviction
    44  of a subsequent felony or conviction of an offense in another  jurisdic-
    45  tion  which  if committed in this state would constitute a felony, which
    46  subsequent felony is committed while under his or her present  probation
    47  supervision  for  a  felony  offense,  shall  result  in  revocation  of
    48  probation upon imposition of an indeterminate  or  determinate  sentence
    49  for the subsequent offense pursuant to subdivision four of section 60.01
    50  of the penal law, and shall not result in the termination of probation.
    51    §  6.  This  act shall take effect on the ninetieth day after it shall
    52  have become a law.