Bill Text: NY S05106 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to criteria for determining prior felony offender status.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S05106 Detail]

Download: New_York-2013-S05106-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5106
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 10, 2013
                                      ___________
       Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin-
         istration)  --  read twice and ordered printed, and when printed to be
         committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to criteria  for  determining
         prior felony offender status
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subparagraph (ii) of paragraph  (b)  of  subdivision  1  of
    2  section  70.06  of the penal law, as added by chapter 277 of the laws of
    3  1973, is amended to read as follows:
    4    (ii) Sentence upon such prior conviction must have been imposed before
    5  commission of the present felony. FOR  PURPOSES  OF  THIS  SUBPARAGRAPH,
    6  WHERE  A DEFENDANT HAS BEEN RESENTENCED FOLLOWING EITHER A MOTION TO SET
    7  ASIDE A SENTENCE OR AN APPEAL OF THE SENTENCE, ON THE  GROUND  THAT  THE
    8  SENTENCE  WAS  NOT LEGALLY AUTHORIZED FOR THE OFFENSE OF WHICH DEFENDANT
    9  WAS  CONVICTED,  AND  WHERE  THE  UNDERLYING  CONVICTION  HAS  NOT  BEEN
   10  DISTURBED,  THE  SENTENCE  DATE SHALL BE CONSIDERED THE INITIAL SENTENCE
   11  FOLLOWING THE CONVICTION;
   12    S 2. Subparagraph (ii) of paragraph (b) of subdivision  1  of  section
   13  70.04  of the penal law, as added by chapter 481 of the laws of 1978, is
   14  amended to read as follows:
   15    (ii) Sentence upon such prior conviction must have been imposed before
   16  commission of the present felony.   FOR PURPOSES OF  THIS  SUBPARAGRAPH,
   17  WHERE  A DEFENDANT HAS BEEN RESENTENCED FOLLOWING EITHER A MOTION TO SET
   18  ASIDE A SENTENCE OR AN APPEAL OF THE SENTENCE, ON THE  GROUND  THAT  THE
   19  SENTENCE  WAS  NOT LEGALLY AUTHORIZED FOR THE OFFENSE OF WHICH DEFENDANT
   20  WAS  CONVICTED,  AND  WHERE  THE  UNDERLYING  CONVICTION  HAS  NOT  BEEN
   21  DISTURBED,  THE  SENTENCE  DATE SHALL BE CONSIDERED THE INITIAL SENTENCE
   22  FOLLOWING THE CONVICTION;
   23    S 3. Subparagraph (ii) of paragraph (b) of subdivision  1  of  section
   24  70.10 of the penal law is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09852-01-3
       S. 5106                             2
    1    (ii)  that  the  defendant  was  imprisoned  under  sentence  for such
    2  conviction prior to the commission of the present felony.  FOR  PURPOSES
    3  OF  THIS  SUBPARAGRAPH, WHERE A DEFENDANT HAS BEEN RESENTENCED FOLLOWING
    4  EITHER A MOTION TO SET ASIDE A SENTENCE OR AN APPEAL OF THE SENTENCE, ON
    5  THE  GROUND THAT THE SENTENCE WAS NOT LEGALLY AUTHORIZED FOR THE OFFENSE
    6  OF WHICH DEFENDANT WAS CONVICTED, AND WHERE  THE  UNDERLYING  CONVICTION
    7  HAS  NOT  BEEN  DISTURBED,  THE  SENTENCE  DATE  SHALL BE CONSIDERED THE
    8  INITIAL SENTENCE FOLLOWING THE CONVICTION; and
    9    S 4. This act shall take effect immediately, and shall  apply  to  all
   10  criminal actions commenced on or after such effective date.