Bill Text: NY S06638 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to second felony drug offenders.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2022-09-09 - PRINT NUMBER 6638A [S06638 Detail]

Download: New_York-2021-S06638-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6638--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                      May 10, 2021
                                       ___________

        Introduced by Sens. SALAZAR, BRISPORT, JACKSON -- read twice and ordered
          printed, and when printed to be committed to the Committee on Codes --
          recommitted  to  the Committee on Codes in accordance with Senate Rule
          6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee

        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  Subdivision 4 of section 70.70 of the penal law is REPEALED.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 and shall apply to cases
    20  where a sentence upon a conviction is imposed on or after such effective
    21  date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10599-03-2