Assembly Bill A1317

2023-2024 Legislative Session

Relates to second felony drug offenders; repealer

download bill text pdf

Sponsored By

Current 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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2023-A1317 (ACTIVE) - Details

See Senate Version of this Bill:
S301
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.70, rpld §70.70 sub 4, Pen L; amd §216.00, CP L
Versions Introduced in 2021-2022 Legislative Session:
A7453, S6638

2023-A1317 (ACTIVE) - Summary

Relates to second felony drug offenders.

2023-A1317 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1317
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Codes
 
 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:
 
   Section  1.  Paragraph  (a)  of  subdivision 3 of section 70.70 of the
 penal law, as amended by section 23 of part AAA of  chapter  56  of  the
 laws of 2009, is amended to read as follows:
   (a)  Applicability.  This  subdivision  shall apply to a second felony
 drug offender [whose prior felony conviction was not a violent felony].
   § 2.  Subdivision 4 of section 70.70 of the penal law is REPEALED.
   § 3. Paragraph (a) of subdivision 1 of section 216.00 of the  criminal
 procedure  law,  as  added by section 4 of part AAA of chapter 56 of the
 laws of 2009,  is amended to read as follows:
   (a) within the preceding ten years, excluding any  time  during  which
 the offender was incarcerated for any reason between the time of commis-
 sion  of  the  previous felony and the time of commission of the present
 felony, has previously been convicted of[: (i) a violent felony  offense
 as  defined  in section 70.02 of the penal law or (ii) any other offense
 for which a merit time allowance is not available pursuant  to  subpara-
 graph  (ii) of paragraph (d) of subdivision one of section eight hundred
 three of the correction law, or (iii)] a class A felony offense [defined
 in article two hundred twenty of the penal law]; or
   § 4. This act shall take effect immediately and shall apply  to  cases
 where a sentence upon a conviction is imposed on or after such effective
 date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00510-01-3

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