Assembly Bill A10427

2011-2012 Legislative Session

Provides for revocation of probation where a person is convicted of a new offense while such person is under probation supervision for a felony offense

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A10427 (ACTIVE) - Details

See Senate Version of this Bill:
S2944
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§60.01 & 70.25, Pen L; amd §§410.10, 410.70 & 410.90, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7809, S613
2013-2014: A4966, S2298
2015-2016: S4515
2017-2018: S2633
2019-2020: S365
2021-2022: S5242
2023-2024: S4324

2011-A10427 (ACTIVE) - Summary

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.

2011-A10427 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10427

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced by M. of A. CUSICK -- read once and referred 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:

  Section 1. Subdivision 4 of section 60.01 of the penal law, as amended
by chapter 548 of the laws of 1984, is amended to read as follows:
  4. In any case where a person  has  been  sentenced  to  a  period  of
probation imposed pursuant to section 65.00 of this chapter, if the part
of  the  sentence that provides for probation is revoked, the court must
sentence such person to imprisonment or to the sentence of  imprisonment
and  probation  as  provided  for in paragraph (d) of subdivision two of
this section.   PROVIDED, HOWEVER, THAT WHERE  A  PERSON  WHO  HAS  BEEN
SENTENCED TO A PERIOD OF PROBATION UPON CONVICTION OF A FELONY IS SUBSE-
QUENTLY  CONVICTED  OF A FELONY OR IS CONVICTED OF AN OFFENSE IN ANOTHER
JURISDICTION WHICH IF COMMITTED IN THIS STATE WOULD CONSTITUTE A FELONY,
WHICH SUBSEQUENT FELONY IS COMMITTED WHILE  UNDER  HIS  OR  HER  PRESENT
PROBATION  SUPERVISION,  AND A NEW INDETERMINATE OR DETERMINATE SENTENCE
IS IMPOSED FOR SUCH SUBSEQUENT FELONY, THE PART  OF  THE  SENTENCE  THAT
PROVIDED  FOR  PROBATION  SHALL  BE  REVOKED  AND  SUCH  PERSON SHALL BE
SENTENCED TO A TERM OF IMPRISONMENT OF OVER ONE YEAR.  SUCH  TERM  SHALL
RUN CONSECUTIVELY TO THE TERM OF IMPRISONMENT IMPOSED FOR THE SUBSEQUENT
FELONY, UNLESS THE COURT DETERMINES THAT MITIGATING CIRCUMSTANCES EXIST,
IN  WHICH CASE THE COURT MUST PLACE SUCH CIRCUMSTANCES ON THE RECORD AND
A CONCURRENT SENTENCE MAY BE IMPOSED.
  S 2.  Section 70.25 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
  6. WHERE A PERSON WHO HAS BEEN SENTENCED  TO  A  PERIOD  OF  PROBATION
IMPOSED  PURSUANT  TO SECTION 65.00 OF THIS CHAPTER UPON CONVICTION OF A
FELONY IS SUBSEQUENTLY CONVICTED OF A  FELONY  OR  IS  CONVICTED  OF  AN
OFFENSE  IN  ANOTHER JURISDICTION WHICH IF COMMITTED IN THIS STATE WOULD
CONSTITUTE A FELONY, WHICH SUBSEQUENT FELONY IS  COMMITTED  WHILE  UNDER

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

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