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Assembly Bill A1880

2009-2010 Legislative Session

Requires persons who commit crimes while on release to serve maximum sentence

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Archive: Last Bill Status - In Assembly Committee

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2009-A1880 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.30, 70.40 & 70.45, Pen L; amd §410.91, CP L
Versions Introduced in 2011-2012 Legislative Session:
A3441

2009-A1880 (ACTIVE) - Summary

Requires a person on parole, conditional release, temporary release, post release supervision program or a parole supervision program who has been convicted of a felony committed on such parole or release, to be recommitted to serve the maximum term imposed by the court for the initial felony in addition to the minimum term imposed on the subsequent felony before reconsideration for parole, conditional release, temporary release, post release supervision program or a parole supervision program.

2009-A1880 (ACTIVE) - Bill Text download pdf 

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

                                  1880

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced by M. of A. CALHOUN, KOLB, ALFANO -- Multi-Sponsored by -- M.
  of A. CONTE, CROUCH, ERRIGO, FINCH, MILLER, RAIA, TEDISCO -- read once
  and referred to the Committee on Codes

AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
  relation to fixing sentences for persons committing  crimes  while  on
  parole,  conditional  release,  temporary  release, participating in a
  post release supervision program or a parole supervision sentence

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 1 of section 70.30 of the penal law is amended
by adding a new paragraph (g) to read as follows:
  (G) WHERE A  PAROLEE,  A  CONDITIONAL  RELEASEE,  TEMPORARY  RELEASEE,
PERSON  PARTICIPATING  IN A POST RELEASE SUPERVISION PROGRAM OR A PERSON
SERVING A PAROLE SUPERVISION SENTENCE, HAS BEEN CONVICTED  OF  A  FELONY
COMMITTED  WHILE  UNDER  THE  TERMS OF SUCH PAROLE, CONDITIONAL RELEASE,
TEMPORARY RELEASE, POST RELEASE SUPERVISION  PROGRAM  OR  PAROLE  SUPER-
VISION SENTENCE, THE MINIMUM SENTENCE IMPOSED UPON SUCH SUBSEQUENT FELO-
NY  SHALL  NOT  COMMENCE  UNTIL THE MAXIMUM TERM OF IMPRISONMENT FOR THE
PREVIOUS FELONY HAS BEEN SERVED.
  S 2. Paragraph (a) of subdivision 1 of section 70.40 of the penal law,
as amended by chapter 261 of the laws of 1987, is  amended  to  read  as
follows:
  (a) [A] EXCEPT FOR A PERSON WHO HAS BEEN CONVICTED OF A FELONY COMMIT-
TED  WHILE  UNDER  THE TERMS OF A PAROLE, CONDITIONAL RELEASE, TEMPORARY
RELEASE OR A PERSON PARTICIPATING IN A POST RELEASE SUPERVISION  PROGRAM
OR A PERSON SERVING A PAROLE SUPERVISION SENTENCE, A person who is serv-
ing  one  or more than one indeterminate sentence of imprisonment may be
paroled from the institution in which he OR SHE is confined at any  time
after  the  expiration of the minimum or the aggregate minimum period of
imprisonment of the  sentence  or  sentences  or  after  the  successful
completion of a shock incarceration program, as defined in article twen-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02395-01-9

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