NY A05447 | 2009-2010 | General Assembly
Status
Spectrum: Partisan Bill (Republican 12-0)
Status: Introduced on February 13 2009 - 25% progression, died in committee
Action: 2010-01-06 - referred to codes
Pending: Assembly Codes Committee
Text: Latest bill text (Introduced) [HTML]
Status: Introduced on February 13 2009 - 25% progression, died in committee
Action: 2010-01-06 - referred to codes
Pending: Assembly Codes Committee
Text: Latest bill text (Introduced) [HTML]
Summary
Penal Law S 70.06, requires that second felony offender status be predicated upon a prior felony "defined in this chapter." Thus, a Penal Law felony must serve as the predicate felony before the court can make a second felony offender finding and give a second-time felon the enhanced sentence. A DWI felony, because it is defined in the Vehicle & Traffic Law, cannot be the basis for such a finding. Persistent felony offenders, however, can have their status predicated on any two felonies, whether or not such felonies exist in the Penal Law or in some other chapter. This bill would allow second felony offender status to be predicated upon any felony inside or outside the Penal Law, such as felonies in the Vehicle & Traffic Law or the Environmental Conservation Law.
Title
An act to amend the penal law, in relation to expanding the definition of "second felony offender"
Sponsors
History
| Date | Chamber | Action |
|---|---|---|
| 2010-01-06 | referred to codes | |
| 2009-05-27 | held for consideration in codes | |
| 2009-02-13 | referred to codes |
